The Supreme Court on Friday set aside the December 23 judgment of Delhi High Court suspending the life sentence awarded by a trial court to Kuldeep Singh Sengar, the former BJP MLA convicted of raping a minor in Uttar Pradesh’s Unnao district.

The apex court asked Delhi High Court to either conclude within “three months” the hearing of the appeal filed by Sengar against the trial court conviction or issue fresh orders on his plea seeking suspension of his sentence.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order on an appeal filed by the CBI challenging the high court’s verdict suspending Sengar’s sentence pending the disposal of his plea against the life sentence pronounced by a special Pocso court.

The high court’s decision to suspend the sentence on the ground that Sengar was not a “public servant” and hence could not be convicted under the Pocso Act had triggered nationwide outrage, prompting the CBI to file an appeal before the apex court. On December 29, 2025, the top court stayed the operation of the high court order, and on Friday formally set aside the entire order.

When the matter came up for hearing, senior advocate N. Hariharan, appearing for Sengar, argued that the “alleged victim” was “not a minor” at the time of the alleged crime and so his client need not have been prosecuted under the Pocso Act.

“I am in the position to show that the prosecutrix is not a minor. The AIIMS board says she was not a minor. All reports are in his favour, still he is in jail,” Hariharan said.

Solicitor-general Tushar Mehta, appearing for the CBI, opposed the argument, saying that since Sengar was an MLA at the time of the crime, he was in a position of dominance and that a “hyper-technical view” could not be taken in cases under the Pocso Act.

Mehta said Sengar’s “main conviction is under 376(1) IPC for the remainder of his life”.

CJI Kant, however, observed that “his prayer was only to suspend the sentence. There are issues which require consideration.”

Mehta argued that the court has to examine whether an MLA is a “public servant” for the purpose of interpreting the Pocso Act.

Justice Bagchi concurred with Mehta’s argument and observed: “We do not endorse the hyper-technical conclusion of the high court. This is a penal legislation which protects children from sexual exploitation.”

The bench said in its order: “...Without expressing any opinion on merits... we allow the appeal (of the CBI). Set aside the impugned order. High Court shall make an endeavour to decide the main appeal within three months. In case the appeal is not likely to be heard, let a fresh order be passed concerning application for suspension of sentence. No opinion expressed on merits. Nor the application for suspension of sentence be influenced by order of this court.”

Sengar is also serving a 10-year jail term for the custodial death of the Unnao rape victim’s father. He has appealed in Delhi High Court against that trial court sentencing too.