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A special vacation bench of CJI Surya Kant and Justices JK Maheshwari and AG Masih heard the case.
The Central Bureau of Investigation (CBI) filed a petition challenging the Delhi High Court’s December 23 order, which suspended Sengar’s life sentence and granted him bail on one bond. ₹15 lakh.
However, Sengar had to remain in jail as he is also serving a 10-year sentence in the case of the death of the victim’s father.
Solicitor General Tushar Mehta appeared for CBI.
The high court had argued that it did not find an offense of serious penetrative sexual assault under the POCSO Act against Sengar. The bench had held that Sengar could not be classified as a public servant under Section 5(c) of the POCSO Act or Section 376(2)(b) of the Indian Penal Code (IPC). This prompted the CBI to approach the apex court in the case.
According to news agency PTI, the top court was also scheduled to hear a separate petition filed by lawyers Anjale Patel and Pooja Shilpakar, seeking a stay on the high court order.
Meanwhile, security has been increased outside the Supreme Court before the hearing. The rape victim and Sengar’s lawyers were present in the court.
The victim and her family have opposed the order of the Delhi High Court, expressing confidence in the justice of the apex court.
According to news agency ANI, the rape victim, while protesting against the High Court order, had said, “I am confident that I will get justice in the Supreme Court…Kuldeep Sengar has bribed the (Delhi HC) judge and the CBI investigating officer…My husband’s job has been taken away, my children and witnesses are in danger…The people whose names we have taken before the CBI should be provided security…”
She said, “I request CM Yogi Adityanath to protect me in such a way that I can fight my battle fearlessly.”
In June 2017, a teenage girl was gang-raped in Unnao, Uttar Pradesh. Sengar was convicted of rape and sentenced to life imprisonment in December 2019.