Unnao Rape Case: Supreme Court on Monday stayed the Delhi High Court's bail order for Kuldeep Sengar, a former BJP MLA, who was convicted for aggravated sexual assault under the POCSO Act
The Central Bureau of Investigation (CBI) had approached the apex court against the Delhi High Court’s 23 December verdict suspending the life sentence awarded to Sengar by the trial court.
Sengar was convicted by a Delhi trial court in December 2019 for offences under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act and was sentenced to imprisonment for the remainder of his natural life.
The High Court's basis for releasing Sengar was the prima facie finding that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him, Bar and Bench reported.
Section 5 of the POCSO Act lists circumstances under which a penetrative sexual assault of a child is considered an aggravated penetrative sexual assault. As per the same, penetrative sexual assault becomes aggravated penetrative sexual assault if it is committed by a public servant or a police officer within the limits of the police station or a member of the armed forces or security forces or a hospital staff or jail staff. Aggravated penetrative sexual assault attracts a minimum punishment of 20 years in jail and can extend to a life sentence.
Sengar was punished by the trial court for the said offence on the ground that he fell within the definition of a 'public servant'.
The High Court further said that Sengar cannot come within the four corners of Section 5(p) of the POCSO Act, which punishes a person in “position of trust or authority” for aggravated penetrative sexual assault.
This prompted the CBI to approach the apex court The central agency contended before the top court that the High Court erred in holding that the offence of aggravated penetrative sexual assault under Section 5(c) of the POCSO Act was not made out against Sengar on the ground that he was not a public servant.