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Unnao rape case: CBI moves Supreme Court challenging HC order suspending sentence of former BJP MLA
The Central Bureau of Investigation on Friday approached the Supreme Court challenging the Delhi High Court order suspending the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case involving a minor, Live Law reported.
The petition was filed against the High Court's decision to suspend the sentence and grant Sengar bail while the former Bharatiya Janata Party MLA's appeal against conviction is being heard. However, Sengar was directed not to travel within a five-km radius of the complainant's home.
On Tuesday, the High Court observed that, on the face of it, the facts of the case did not fulfil the conditions required to apply the stricter offence of “aggravated penetrative sexual assault” under Section 5 of the Protection of Children from Sexual Offences Act. This was because Sengar did not fall within the definition of a “public servant”, it said.
Section 5 of the Pocso Act sets out conditions in which a “penetrative sexual assault” against a child is treated as a more “aggravated” offence. An aggravated offence is treated as serious because it is committed under special or severe circumstances that make the crime graver than usual.
Under the Act, an offence becomes “aggravated penetrative sexual assault” when it is committed by persons holding positions of authority, such as a public servant or a police officer within their jurisdiction, members of security forces, or staff of hospitals or prisons.
Under the Pocso Act, an aggravated offence carries a minimum sentence of 20 years, which can be extended up to life imprisonment.
In 2019, the trial court convicted Sengar, noting that, since he was an MLA at the time of the incident, he qualified as a “public servant” under Pocso. This made the offence a serious one and attracted a harsher punishment.
Thereafter, Sengar was sentenced to life imprisonment. His appeal against conviction and sentence had been pending before the High Court since 2020.
On Tuesday, the High Court rejected the trial court's reasoning. It held that Sengar, as an elected MLA at the time of the incident, could not be treated as a “public servant” under the Pocso Act.
Security personnel had on Tuesday and Wednesday forcefully stopped the complainant in the rape case and her family members from protesting in Delhi against the High Court order.
They were detained at the Kartavya Path police station for around an hour, reported the Hindustan Times.
In March 2020, Kuldeep Singh Sengar and his brother Jaideep Singh Sengar, among others, were sentenced to 10 years of imprisonment for the killing of the woman's father in judicial custody.
Source: Scroll
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