Unnao Rape Case: High Court Order Suspending Sengar’s Jail Term Faces Supreme Court Challenge

A petition has been filed in the Supreme Court challenging the Delhi High Court’s decision to suspend the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.

The plea, moved by advocates Anjale Patel and Pooja Shilpkar, seeks a stay on the High Court order, arguing that the relief was granted without proper consideration of the trial court’s observation that Sengar should remain imprisoned for the remainder of his natural life.

The petitioners contended that the High Court committed a serious legal and factual error by suspending Sengar’s sentence despite his grave criminal history and proven involvement in heinous crimes, including rape. They maintained that the trial court had clearly established the severity of the offence and the need for continued incarceration.

According to the plea, the High Court failed to fully appreciate the prosecution’s evidence, which highlighted the brutality of the crime as well as Sengar’s alleged misuse of power, financial influence, and criminal reach. The petition also referred to the circumstances surrounding the custodial death of the survivor’s father, claiming it demonstrated attempts to intimidate and silence the victim’s family.

On December 23, the Delhi High Court suspended Sengar’s life sentence in the rape case, noting that he had already spent more than seven years in prison. The suspension will remain in force while his appeal against the 2019 conviction is pending.

However, Sengar will continue to remain behind bars as he is separately serving a 10-year sentence in the custodial death case of the survivor’s father, in which bail has not been granted.

While granting suspension of sentence in the rape case, the High Court imposed strict conditions, including a personal bond of ₹15 lakh with three sureties. The court also barred Sengar from entering a five-kilometre radius of the survivor’s residence in Delhi and from contacting or threatening her or her family, warning that any violation would lead to cancellation of relief.

The Unnao rape case, along with related matters, was transferred from Uttar Pradesh to Delhi in 2019 on the directions of the Supreme Court to ensure a fair trial.