Unnao rape case: Supreme Court sets aside Delhi High Court order suspending Kuldeep Sengar’s sentence

The high court had ruled that his former status as an MLA does not bring him under the ambit of a ‘public servant’ as defined under the Indian Penal Code (IPC).

On December 29, 2025, the top court stayed the high court order, saying there are “various substantial questions of law which arise for consideration”.

On Friday, Solicitor General Tushar Mehta, appearing for CBI, pointed out that Sengar’s appeal is listed for hearing on May 25 and that he is ready with the arguments.

As Senior Advocate N Hariharan, who represented Sengar, intervened, the CJI said one option before the bench is “without getting into details, we can set aside the order and ask the high court to pass a fresh order”.

Hariharan said, “There are two basic issues. I was taken into custody on the premise that I am a public servant. That aspect, Your Lordships will look into. The second aspect is that the child was a minor (as per the prosecution). I am in a position to show she was not a minor. On both counts. I don’t know why I am in custody. There is a finding by none other than the Board of AIIMS that she was over 18 years of age at the time of the incident. There are 6 medical opinions in favour of the person”.

Mehta said the question of whether an MLA is a public servant for the purposes of the Pocso Act needs to be examined. He added that an MLA is in a dominant position as far as Section 5, which deals with aggravated penetrative sexual assault, is concerned.

CJI Kant, too, said the high court may not have looked at all issues while considering the application for suspension of Senger’s sentence. Justice Kant added that if the court issues a speaking order, it will also address the merits.

In the order, the court said, “During the course of hearing, it transpires from the rival submissions that in addition to the issues which have been prima facie touched by the high court while passing the order on suspension of sentence, there are several other issues which still require looking into… Keeping this in mind and without expressing any opinion on the prayer for suspension of sentence, we allow this appeal in part, set aside the impugned order and remit the case to HC…”.

“HC may make an endeavour to decide the main appeal finally as early as possible,” the court said and added that in case the appeal is not likely to be heard, a fresh order be passed concerning the application for suspension of sentence after hearing the parties, including the counsel for the victim, complainant.

The Supreme Court directed that appropriate orders be passed preferably before the summer vacations begin.