I will not rest until he is hanged, says survivor
New Delhi: The Supreme Court on Monday stayed the Delhi High Court order suspending the life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case and said he shall not be released from custody.
A vacation bench comprising Chief Justice Surya Kant and Justices JK Maheshwari and Augustine George Masih, which was hearing the CBI’s plea challenging the High Court order, said that substantial questions of law have arisen in the matter that require consideration.
The apex court also issued a notice to Sengar seeking his response within four weeks on the CBI’s plea.
The Unnao rape case survivor expressed satisfaction over the Supreme Court order and said she has full faith in the justice system.
“I am very happy with this decision. I have got justice from the Supreme Court. I have been raising my voice for justice from the very beginning,” the survivor told PTI over phone from Delhi.
“I do not make allegations against any court. I have faith in all courts, but the Supreme Court has given me justice and will continue to do so,” she said.
She further said, “I will not rest until he is hanged. I will keep fighting. Only then will my family and I get justice. We receive threats even today.”
Family members also expressed relief over the Supreme Court’s intervention. The survivor’s sister said she had complete faith that the court would ensure the accused is not released.
The bench said it was conscious of the fact that ordinarily when a convict or an undertrial was released on bail pursuant to an order passed by a trial court or the High Court, such order shall not be stayed by it without hearing such person.
It noted that Sengar was also convicted and sentenced in a separate case and was still in custody in that matter.
“In the peculiar circumstances of the case, we stay the operation of the impugned order dated December 23, 2025, passed by the High Court. Consequently, the respondent (Sengar) shall not be released from custody pursuant to the said order,” the bench said.
The top court said various substantial questions of law have arisen for its consideration in the matter.
Solicitor General Tushar Mehta, appearing for the CBI, urged the bench to stay the High Court order, saying it was a “horrific rape” of a minor child.
“This is an occasion where I would really urge your lordships’ conscience to stay this order. We are answerable to the child who was (aged) 15 years and 10 months,” the top law officer said.
He also referred to the aspect of ‘public servant’ and said Sengar was then a very powerful MLA of the area at the relevant time.
The Delhi High Court had, in its December 23 order, said that Sengar has been convicted under Section 5 (C) (aggravated penetrative sexual assault by a public servant) of the POCSO Act but an elected representative does not fit the definition of a “public servant” under Section 21 of the IPC.
“Is it your argument that the concept of being a ‘public servant’ is completely alien and irrelevant when the victim is a minor?” the CJI asked.
Responding in the affirmative, Mehta said ‘public servant’ is not defined in the Protection of Children from Sexual Offences (POCSO) Act.
He also referred to Section 42A of the POCSO Act which says that provisions of this law shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of POCSO shall have overriding effect.
