Bhubaneswar: In a significant twist in the Unnao rape case, the Supreme Court has effectively turned the tide against former BJP MLA Kuldeep Singh Sengar, casting serious doubt on the relief granted to him by the Delhi High Court.

HC Relief Now Under Shadow

Sengar had secured bail after the Delhi HC ruled that the stringent charge of aggravated penetrative sexual assault under the POCSO Act could not be strictly applied.

The High Court reasoned that Sengar was not in a “position of trust” vis-à-vis the survivor — a key condition for invoking aggravated charges under Section 5 of POCSO, which deals with situations involving authority, dominance, or fiduciary relationships.

Instead, the court applied Section 4 (punishment for penetrative sexual assault) — a comparatively less severe provision.

Supreme Court Pushback: ‘Hyper-Technical’ View

However, the Supreme Court bench led CJI Suryakant and Justice Joymala Bagchi disapproved the Delhi HC reasoning.

Justice Bagchi termed the High Court’s interpretation as a “hyper-technical conclusion”, signaling clear disagreement.

Backing this stance, Solicitor General Tushar Mehta argued that:

An MLA inherently holds a “dominant position”, which could bring the case within the ambit of aggravated assault.

This observation is crucial — because it widens the interpretation of “position of trust or authority”, directly impacting Sengar’s legal standing.

Defence Push: Survivor’s Age Questioned

Sengar’s counsel attempted to counter the prosecution narrative by citing an AIIMS report, claiming that the prosecutrix may not have been a minor — a claim that, if accepted, could weaken the POCSO charges altogether.

However, at this stage, the Supreme Court’s focus remained on the legal interpretation of aggravated assault, not factual re-evaluation.

What Lies Ahead for Sengar

The Supreme Court has now directed the Delhi High Court to decide Sengar’s plea for suspension of conviction within two months.

But the signals are unmistakable:

·        The SC has disapproved the reasoning used to dilute charges

·        It has endorsed a broader view of “dominant position”

·        It has restored the seriousness of charges in principle

The Big Takeaway

This is no longer just about bail — it’s about legal framing.

If the Delhi High Court aligns with the Supreme Court’s observations:

·        Sengar could face reinstatement of harsher POCSO charges

·        His chances of relief could shrink dramatically

·        The case may set a precedent on how “power” is interpreted under POCSO

Bottom Line

The dice, for now, has clearly rolled against Sengar, though the SC Bench led by CJI Surya Kant has clearly outlined that the Bench didn’t comment on the merits or demerits of the case. It said Delhi HC should take an independent view.

What appeared as a technical escape route in the High Court is now under intense judicial scrutiny — and with the Supreme Court signalling a stricter interpretation, Sengar’s legal battle has entered its most decisive phase yet.