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…
Source: Unnao rape case: CBI moves Supreme Court challenging HC order suspending sentence of former BJP MLA
