2017 Unnao rape case: Ex-BJP MLA Kuldeep Sengar’s sentence suspended by Delhi HC

Taking a prima facie view, a Division Bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan said the offence under Section 5 of the POCSO Act is not applicable in the present case, as an MLA is not defined as a “public servant” and, therefore, cannot be sentenced for the remainder of his life.

The Bench ruled that “for the purpose of suspension of sentence, (Sengar) cannot be brought into the ambit of “aggravated penetrative sexual assault” under Section 5 of the POCSO Act, punishable under Section 6 of the POCSO Act, or under Section 376(2) of the IPC, which provides for the punishment of imprisonment for remainder of his natural life.”

The Bench, without going into the merits of Sengar’s appeal, however, recorded that the POCSO law, as it stood at the time of his trial – prior to amendments to the Act – “the minimum punishment that a person can be given under Section 4 of the POCSO Act was seven years,” which Sengar has already undergone.

As of November 2025, Sengar has spent around 7 years and 5 months in jail.

While directing the DCP of the area concerned, where the survivor resides, to personally ensure and supervise the protection given to her, the court also imposed conditions on Sengar.

Among the conditions, Sengar cannot come within a 5-km radius of the residence of the victim, and shall stay in Delhi during the pendency of the appeal. The court also directed him not to threaten the victim-survivor or her mother.

Sengar, who is currently in prison, will not be out until a similar order suspending his sentence in the case of the custodial death of the teen girl’s father is issued by the Delhi High Court.

On April 3, 2018, the girl’s father was allegedly framed in an illegal arms case and arrested, and died in judicial custody a few days later.

Sengar was also found guilty in March 2020 and was sentenced to 10 years of imprisonment by the trial court for the custodial death of the minor’s father.

Sengar has also filed an appeal against the custodial death verdict, which is pending before the Delhi High Court.

Sengar, while seeking an interim suspension of sentence earlier this year and interim bail last year (December 2024), had cited medical grounds, pointing out that he is suffering from “diabetes mellitus type 2, bronchial asthma, and has orthopedic and dental issues.”
He was earlier permitted to be out of prison for cataract surgery.

The girl and the CBI have opposed Sengar’s plea seeking suspension of sentence. In July, lawyer Mehmood Pracha, representing the girl, had cited threat perception.

In the Supreme Court, the girl’s mother, alleging a grave threat to her and her family’s life and liberty, had sought recall of the March 25 apex court order, which removed CRPF security cover to her family and other witnesses. The top court had earlier refused to withdraw the CRPF cover to the girl, saying there was still a perception of threat, but removed the security cover to her family members.