Unnao rape case: SC quashes Delhi HC order suspending Kuldeep Singh Sengar's life term
The Supreme Court on May 15, 2026, set aside the Delhi High Court's suspension of Kuldeep Singh Sengar's life sentence in the 2017 Unnao rape case and ordered the High Court to re-hear the appeal. It directed the High Court to decide the main appeal within two months and to consider suspending the sentence before the summer vacation if needed, while re-examining whether an MLA can be treated as a public servant under the POCSO Act.
Why It Matters
The ruling affects the trajectory of a high-profile criminal case involving an elected representative and raises questions about how public servants, including MLAs, are treated under POCSO prosecution.
Timeline
4 Events
SC resets hearing and revisits MLA public servant issue (May 15, 2026 report)
The Supreme Court on Friday set aside the Delhi High Court's order suspending Sengar's life term and directed the High Court to hear Sengar's appeal afresh within two months. If the high court cannot decide expeditiously, it should consider suspending the sentence before the start of the summer vacation. The bench clarified it was not expressing any opinion on merits and asked the High Court to reconsider whether an MLA can be treated as a public servant for prosecution under the POCSO Act.
SC stays Delhi HC order suspending life sentence
The Supreme Court stayed the Delhi High Court's order suspending Sengar's life sentence and directed that he would not be released from custody.
Delhi High Court order on POCSO conviction and public servant definition
The Delhi High Court, in its order dated December 23, 2025, said Sengar was convicted under Section 5(C) of the POCSO Act and observed that an elected representative does not fall within the definition of a 'public servant' under Section 21 IPC. The High Court also suspended Sengar's jail term during pendency of his appeal, noting he had already spent seven years and five months in prison.
SC defers hearing on CBI petition challenging suspension to May 2025
The Supreme Court deferred the hearing on a petition filed by the CBI challenging the suspension of Kuldeep Singh Sengar's life sentence to the first week of May 2025.