Indian Judiciary System stands as mockery as the Unnao case takes a turn

Sengar was convicted in 2019 by a Delhi Trial Court under the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act for the offence of a public servant commit  ting penetrative sexual assault against a child. The judgment was delivered after the victim and her family underwent two years of struggle in the courtrooms, and out on the streets, to secure justice for the heinous acts. The order delivered by the Delhi High Court on 23rd December 2025 effectively reverses this by commuting Sengar’s sentence and granting conditional bail using the justification that his status of an MLA at the time of the crime did not fall within the ambit of public servant as defined under the IPC.

On 4 June 2017, a girl of 17 years was gang raped in Unnao, Uttar Pradesh by the then BJP MLA of Unnao constituency, Kuldeep Singh Sengar. On 22nd June police recorded her statement but did not register the name of the assailant. The girl’s mother went to the court of Chief Judicial Magistrate seeking registration of FIR on 24th Feb, 2018.  On April 3rd, Atul Singh, Kuldeep Singh’s brother allegedly assaulted the girl’s father and sends him to jail in connection with an Arms Act case, with some marks on his back, suggesting that he was beaten up by sticks. The girl attempts self-immolation at the CM’s residence in Lucknow, demanding FIR against the MLA. Her father dies the next day and Atul Singh got arrested. On the same month an over-speeding truck with greased out number plate rans into a car in which rape survivor, her family and lawyer were travelling, killing two of her aunts, leaving her and the advocate critically injured. , when a truck with a greased out number plate rammed into their car. Both her aunts were killed instantly, while she and her lawyer survived despite being critical. The three security personnel who were assigned to the victim were suspiciously not present with her during the time of the accident, and were subsequently suspended. The girl’s uncle filed a case against Kuldeep for the accident, as Kuldeep had earlier called and threatened to kill them if they did not retract the case. The accident rocked the Parliament, with both the opposition and the National Commission for Women demanding action against the accused.  

The Delhi High Court on Tuesday suspended the life sentence of Sengar, who is currently serving time for a crime, and granted him bail while his appeal against his conviction is pending. However, he will remain in jail due to a separate 10-year sentence related to the custodial death of the victim’s father, for which he has not been granted bail. As part of the bail conditions, Sengar must provide a bond of ₹15 lakh. The court also imposed restrictions, including barring him from entering a 5 km radius of the victim’s home in Delhi and forbidding him from contacting the victim’s family.

The Supreme Court transferred 4 cases relating to the matter from Lucknow High Court to Delhi High Court. The victim and the lawyer was airlifted to Delhi and was admitted in AIIMS. Special temporary court was set up at AIIMS to record the statement of the rape survivor. Kuldeep Sengar was sentenced to life imprisonment by Delhi court on December and was sentenced to life imprisonment by court with a fine of Rs 25 lakh imposed on him. 

Protests were held by women activists along with the victim’s mother outside the Delhi High Court on Friday holding placards and raising slogans like “Balatkariyo ko sanrakshan dena band kro” (stop protecting rapists) in support of the Unnao rape survivor.  The victim’s mother said, “We did not get justice.They are taking away my daughter as a captive. These security personnel want to kill us all. They took my daughters away in a CRPF vehicle. Kuldeep Sengar’s bail should be cancelled; otherwise, we will give up our lives. Otherwise, we will be killed, we are not safe..” She has also said that she will approach the Supreme Court for this injustice.