Unnao rape case- Why did Delhi HC suspend life sentence of Kuldeep Singh Sengar?
&imwidth=600&imheight=450&format=webp&quality=medium "Unnao rape case- Why did Delhi HC suspend life sentence of Kuldeep Singh Sengar?")
FILE PICTURE of Unnao rape accused Kuldeep Singh Sengar Photograph: (ANI)
The Delhi High Court suspended BJP leader Kuldeep Singh Sengar’s life sentence in the Unnao rape case, citing a legal loophole in the definition of “public servant” under POCSO and IPC. Here’s what the court said.
The Delhi High Court on Tuesday suspended the life sentence of the former BJP MLA, Kuldeep Singh Sengar, in the 2017 Unnao rape case of a minor based on a technical loophole in the POCSO. The CBI said on Wednesday that it will challenge the suspension and bail in the Delhi Supreme Court. The rape survivor and her mother sat in protest against the order in India Gate, but were forcefully taken away by the Delhi Police.
Sengar was accused of kidnapping and raping a minor girl between June 4, 2017, and June 20, 2017. She was then sold for ₹60,000. As the survivor sought justice, his father was arrested on the allegation of assault and under the Arms Act.
On April 8, she tried to self-immolate in front of the Uttar Pradesh CM's residence. The next day, her father died in an alleged prison brawl. In April 2018, Sengar was arrested after the case was transferred to the CBI following national outcry. Suddenly, the witnesses to the custodial death of her father were also found mysteriously dead.
She wrote to the Supreme Court about her ordeal. Soon her uncle was arrested and imprisoned in an unrelated case for 10 years, she was hit by a truck in Rae Bareilly, two of her aunts died in that road accident, and she and her lawyer escaped with serious injuries. Her lawyer later died from the injuries sustained in the incident.
On December 19, 2020, the Delhi Tees Hazari Court found Sengar guilty, sentenced to life imprisonment under Section 376(2)of IPC for rape by public servent “in position of authority”, Sections 5(c) and 6 of POCSO "aggravated penetrative sexual assault" by a person “in position of authority” against a child and Sections 363 and 366 of the IPC for kidnapping and abducting a women and compelling her in illicit sexual relationship.
Why did the Delhi HC suspend the life sentence of Kuldeep Singh Sengar?
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The Delhi HC found a technical loophole. He was convicted of “aggravated penetrative sexual assault” by the trial court. "Aggravated" because he was a sitting MLA, a “public servant” or "position of authority”. The Delhi HC looked into the written law and the definition of “public servant”, and it observed that MLAs are not "public servants" or “position of authority” under Section 21 of the IPC. It applies to people like police, teachers, government officials, and military personnel. MLAs are considered authorities under the Prevention of Corruption Act, not POCSO, which imparts the definition from IPC. So the framing of the "aggravated penetrative sexual assault" Sections 5(c) and 6 of the Protection of Children from Sexual Offences (POCSO) Act and Section 376(2) of IPC can not be considered. So the punishment of 20 years and the life sentence can't be held against him. He can be just sentenced to 7 years in prison under Section 4 of the POCSO, which Kuldeep has already served.
Sengar still remains in jail for the custodial murder of the survivor's father. He was sentenced to 10 years in prison for false evidence, framing the victim's father in the arms case and the custodial death of the victim's father under IPC Sections 304, 120-B, 193, 211 and 218. Sengar also has a pending appeal in the custodial death case, citing that he has already served the sentence.
