New Delhi: The Supreme Court on Friday set aside the Delhi High Court order suspending the life sentence of Kuldeep Singh Sengar, the main accused in the Unnao rape case. The apex court has also directed that the High Court hear the case pertaining to the 2017 rape afresh.
Decide within 2 months: Supreme Court to Delhi HC
The Supreme Court bench of Chief Justice of India, Surya Kant and Justice Joymalya Bagchi directed the Delhi High Court to make efforts to decide Sengar’s appeal against his conviction and his life imprisonment, within 2 months. The court further said that if the High Court cannot decide on the main appeal then they should make efforts to decide expeditiously on the plea regarding suspension of his sentence at the earliest. The court was directed to take the decision before the summer vacation starts.
The Supreme Court said that the High Court can also consider the matter afresh, if it wants to. They agreed that it was not easy to express opinions on the merits of the case. The Chief Justice of India also asked the high court to consider whether an MLA can be considered as a public servant liable for prosecution under the Protection of Children from Sexual Offences (POCSO) Act.
On December 29, 2025, the top court had stayed the Delhi High Court’s order suspending Sengar’s sentence. They had also directed that the accused not be released from jail. Earlier the court had deferred to May, the hearing of a petition filed by CBI, challenging the suspension of sentence of Sengar by the Delhi High Court.
The Delhi High Court while suspending Sengar’s sentence had observed on December 23, 2025, “Sengar was convicted under Section 5(C) of the POCSO Act, which deals with aggravated penetrative sexual assault by a public servant, but observed that an elected representative does not fall within the definition of a “public servant” under the Indian Penal Code.
The High Court had suspended Sengar’s life term, pending his appeal. They observed that he had already spent 7 years and 5 months in prison. The order of the court had led to massive protests across India, from different sections of the society. It also led the victim’s family to raise concerns regarding their own security, following the relief granted to Sengar by the Delhi High Court.