The court suspends the sentence of the former MLA convicted under POCSO Act, while imposing stringent conditions to ensure the safety of the victim.
In a significant legal development, the Delhi High Court has suspended the sentence of Kuldeep Singh Sengar, a former Member of Legislative Assembly (MLA) from Uttar Pradesh, who was convicted under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). The judgment was pronounced by a division bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar.
Kuldeep Singh Sengar was previously sentenced to life imprisonment for the remainder of his natural life for offenses under Sections 376/363/366 of IPC and Sections 5(c)/6 of the POCSO Act. This conviction was based on the premise that he was considered a public servant, which the High Court has now ruled as unsustainable under the current legal framework.
The court's decision was primarily influenced by the interpretation of the term 'public servant' as defined in Section 21 of the IPC. It determined that an MLA does not fall under this definition, thereby invalidating the basis for Sengar's conviction under Section 5(c) of the POCSO Act.
Additionally, the court noted that Sengar had already served more than seven years and five months in custody, surpassing the minimum sentence of seven years prescribed under Section 4 of the POCSO Act prior to its amendment in 2019. This was a pivotal factor in the court’s decision to suspend the sentence during the appeal process.
The judgment also imposed strict conditions for Sengar's release to ensure the safety of the victim. These include a prohibition on Sengar from coming within a 5 km radius of the victim's residence, a requirement for him to stay in Delhi, and a directive to deposit his passport with the trial court. Furthermore, Sengar is required to report weekly to the local police station and is forbidden from threatening the victim or her family.
The court emphasized the importance of maintaining CRPF cover for the victim, acknowledging the serious threat perception due to Sengar's political influence and past incidents involving harm to the victim's family.
This suspension of sentence, however, does not imply an acquittal. The legal proceedings will continue, with the appeal set to be heard by the roster bench in January 2026. The court's decision underscores the complexities involved in balancing the rights of the accused with the safety and rights of the victim.
This judgment marks a critical juncture in the legal discourse surrounding public servants and their accountability under specific statutory provisions.
Bottom Line:
Suspension of sentence during pendency of appeal for an appellant convicted under POCSO Act and IPC - MLA not a public servant under Section 21 IPC and therefore cannot be convicted under Section 5(c) of the POCSO Act - Appellant having served more than the minimum sentence prescribed under Section 4 of the POCSO Act prior to its amendment in 2019, is entitled to suspension of sentence with strict conditions to ensure no threat to the victim/survivor.
Statutory provision(s): Protection of Children from Sexual Offences (POCSO) Act, 2012 Sections 5(c), 6 and 4; Indian Penal Code, 1860 Sections 376(2), 304(II); Criminal Procedure Code, 1973 Section 389; Indian Penal Code, 1860 Section 21
Kuldeep Singh Sengar v. Central Bureau of Investigation, (Delhi)(DB) : Law Finder Doc Id # 2826103
