• Source:JND

Unnao Rape Case: In a major setback for the former BJP MLA Kuldeep Singh Sengar, the Supreme Court on Friday set aside the Delhi High Court's order that had suspended his life sentence in the infamous 2017 Unnao rape case. The apex court directed the high court to hear his appeal against conviction afresh within three months. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi also asked the court to pass order on application seeking life sentence.

Earlier in December last year, the top court had stayed the Delhi High Court's order suspending the life sentence awarded to Sengar. The court had also granted him bail during the pendency of his appeal against the conviction, leading to a massive public outrage. However, the Supreme Court, based on the appeal of the Central Bureau of Investigation (CBI), had stayed the high court's order.

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While appearing in the apex court for Sengar today, Senior Advocate N Hariharan stated that there were conclusive evidence to show that the victim was not a minor at the time of the incident. However, Solicitor General of India Tushar Mehta, appearing for CBI, objected and asserted that the high court was wrong while defining whether the accused was a public servant within the meaning of the POCSO Act, reported Live Law.

While showing agreement with the SG's statement, Justice Bagchi reportedly said that the POCSO Act was brought to protect children. "We are not endorsing the hypertechnical view taken by the High Court," Justice Bagchi was quoted as saying by Live Law. SG Mehta also reminded the court that the accused is a powerful person and would remain in a dominant position.

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The bench further stated that the high court should take a fresh decision on the matter, adding that it might have been reluctant as the issue is pending in the top court.


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