In a significant development in the Unnao rape case, the Supreme Court has stayed the Delhi High Court's order that had suspended the life sentence of Kuldeep Singh Sengar, the expelled BJP leader convicted in the 2017 rape of a minor. The order, delivered on Monday, December 29, 2025, comes as a response to the CBI's plea challenging the High Court's decision to grant Sengar bail.
The Delhi High Court had put Sengar's jail sentence on hold on December 23, 2025, pending his appeal, citing that he had already served seven years and five months in prison. The High Court also ruled that Sengar could not be considered a public servant under specific sections of the POCSO Act and the IPC. This decision triggered widespread protests, with the survivor herself joining demonstrations to demand justice.
Reacting to the Supreme Court's stay order, Mehmood Pracha, the Unnao rape survivor's counsel, offered a measured response, stating, "I can assure the victims that we have got a small relief. This should not be called victory, but we have got a little time to breathe". He also expressed concern that the Supreme Court had not examined the core merits of the case and criticized the CBI for not consulting with the survivor's legal team and for limiting its arguments before the court. According to Pracha, critical evidence supporting the victim was not presented, and he voiced his reservations on whether the order truly provided respite for the survivor, especially considering restrictions on communication with her.
The Supreme Court bench, led by Chief Justice of India Surya Kant and Justices J.K. Maheshwari and A.G. Masih, issued notice to Sengar while addressing the challenges to the Delhi High Court's verdict. The bench acknowledged the presence of substantial questions of law in the case. The court clarified that Sengar would not be released from custody due to his conviction and sentencing in another case under Section 304 Part 2 of the IPC.
The Supreme Court also addressed the survivor's rights, affirming her statutory right to independently pursue legal remedies and ensuring that she has access to free legal aid through the Supreme Court Legal Service Committee.
Solicitor General Tushar Mehta, representing the CBI, argued that the High Court had erred in its interpretation of the POCSO Act, specifically regarding Sengar's status as a public servant. He contended that the offenses under the Act are structured around the nature of the assault and the offender's position of dominance.
Earlier, on Sunday, prior to the Supreme Court's decision, the survivor voiced her belief that she would receive justice from the Supreme Court. She also alleged that Sengar had bribed officials, including a CBI investigating officer and a Delhi High Court judge. Demonstrators at the protest she attended condemned the leniency shown to Sengar, asserting that the actions taken thus far were insufficient.
The Supreme Court has scheduled a further hearing on the matter in four weeks. The stay order provides a temporary reprieve, but the legal battle is far from over, and the survivor's fight for justice continues.
