CBI Challenges Delhi HC's Ruling on MLA's Life Sentence in Unnao Rape Case

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The Central Bureau of Investigation (CBI) has filed an appeal in the Supreme Court, challenging the Delhi High Court's decision to suspend the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The CBI argues that the high court's narrow definition of 'public servant' contradicts the legislative intent behind child protection laws. According to the CBI, a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate. The agency emphasizes that the high court's reasoning ignores the common legislative intent underlying multiple statutes aimed at holding persons in positions of power accountable. The CBI points out that Section 21 of the Indian Penal Code, Section 2(c) of the Prevention of Corruption Act, and Section 5(c) of the POCSO Act share a common legislative intent of imposing heightened accountability on those who occupy positions of trust, authority, or public duty. The agency argues that the high court's approach fails to consider the gravity of the offence and the societal interest in protecting vulnerable victims, particularly children. The CBI has urged the Supreme Court to adopt a 'purposive' and 'harmonious' interpretation of the term 'public servant', citing previous Supreme Court rulings that have consistently treated MPs and MLAs as public servants. The agency has also emphasized that the suspension of sentence for a life convict can be granted only where the conviction appears prima facie unsustainable and there is a strong likelihood of success in appeal. The CBI's appeal comes as Sengar's appeal against his conviction and sentence is already pending before the Delhi High Court. The agency has sought a stay of the high court's order, citing concerns that Sengar's release would pose a serious threat to the victim and her family.