Delhi High Court suspends Kuldeep Singh Sengar’s life sentence, ruling Section 5(c) POCSO aggravated offence not prima facie made out.

Case Overview

Case Name: Kuldeep Singh Sengar vs. Central Bureau of Investigation

In Kuldeep Singh Sengar v. CBI, the Delhi High Court suspended the life sentence awarded to expelled BJP leader Kuldeep Singh Sengar in the Unnao rape case . A Division Bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar examined whether Sengar’s conviction under aggravated provisions of the POCSO Act was legally sustainable . The Court considered the applicability of Section 5(c) and Section 5(p) of the POCSO Act and corresponding provisions under the IPC while hearing Sengar’s application for suspension of sentence during pendency of appeal .

Key Aspects

The case raised crucial questions on statutory interpretation and sentencing under child sexual offence laws . At the interim stage, the Court assessed whether aggravated circumstances were prima facie attracted . The key factual and legal issues were :

• Whether Sengar qualified as a “public servant” under Section 5(c), POCSO Act .
• Whether he held a “position of trust or authority” under Section 5(p), POCSO Act .
• Validity of trial court’s life imprisonment sentence under aggravated offence provisions .
• Period of incarceration already undergone exceeding minimum punishment .

Legal Insights

The Court closely analysed statutory provisions governing aggravated sexual offences . The relevant legal provisions considered were :

• Section 5(c), POCSO Act : Aggravated penetrative sexual assault by a public servant.
• Section 5(p), POCSO Act: Offence by a person in position of trust or authority .
• Section 6, POCSO Act: Punishment for aggravated penetrative sexual assault .
• Section 4, POCSO Act: Minimum punishment for penetrative sexual assault .
• Section 376(2)(b), IPC: Rape by public servant .

Court’s Verdict

Holding that Section 5(c) of the POCSO Act was not prima facie attracted, the Delhi High Court suspended Sengar’s life sentence noting that he had already undergone more than the minimum sentence under Section 4 . Strict conditions were imposed including residence restrictions and victim protection measures, during pendency of the appeal .

Source – High Court of Delhi

Read also – IPC