The Delhi High Court on Monday declined to suspend the life sentence of former MLA Kuldeep Singh Sengar, bringing to a close a long and tightly argued hearing that revisited some of the most contested aspects of the Unnao rape case. The packed courtroom listened in near silence as the bench slowly read out its reasoning, touching on law, precedent, and the gravity of the crime itself.
Background
Sengar is serving life imprisonment after being convicted by a trial court in December 2019 for raping a minor girl in 2017. The case, initially investigated by local police, was later handed over to the CBI following public outcry and allegations of intimidation of the victim’s family. The trial court had awarded imprisonment for the remainder of his natural life, along with a fine and compensation to the survivor’s mother.
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Pending appeal, Sengar moved the High Court seeking suspension of his sentence, arguing that he had already spent several years in custody and that serious legal errors existed in the conviction, particularly under the POCSO Act.
Court’s Observations
The defence argued at length that Sengar, being an elected legislator, could not be treated as a “public servant” under the POCSO Act, and therefore the aggravated offence provisions were wrongly applied. There were also repeated references to conflicting age records of the survivor and alleged inconsistencies in witness statements.
The bench, however, was not persuaded at this interim stage. “At the stage of suspension of sentence, this Court cannot undertake a re-appreciation of evidence,” the judges observed, adding that once a conviction stands, the presumption of innocence no longer operates in the same manner.
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On the issue of delay in reporting the crime, the court accepted the prosecution’s explanation that the survivor and her family were under severe threat. The judges noted that fear, social pressure, and power imbalance often explain delayed complaints in sexual offence cases, especially in rural settings.
The court also took note of the seriousness of the offence and its wider impact. “The nature of allegations, the position of influence attributed to the convict, and concerns relating to the safety of the survivor cannot be ignored,” the bench remarked.
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Decision
In the end, the High Court dismissed Sengar’s application for suspension of sentence, holding that no exceptional grounds were made out to grant him relief during the pendency of his appeal. The life sentence awarded by the trial court will continue to operate as the appeal remains pending for final hearing.
Case Title: Kuldeep Singh Sengar v. Central Bureau of Investigation
Case No.: Criminal Appeal No. 53 of 2020
Case Type: Criminal Appeal (Application for Suspension of Sentence)
Decision Date: 23 December 2025
