Unnao rape case: Delhi HC says Sengar not 'public servant' under Pocso Act

NEW DELHI: Kuldeep Singh Sengar, erstwhile UP MLA convicted of raping a insignificant miss successful Unnao successful 2017, did not travel nether the explanation of a nationalist servant nether the Pocso Act, Delhi precocious court held successful its Dec 23 bid suspending his sentence.In a funny move, precocious tribunal has decided the applicability of a stringent Pocso Act conception that carries a minimum jailhouse word of 20 years, which tin beryllium extended up to life, portion proceeding Sengar's plea for suspension of sentence, adjacent arsenic his entreaty against the proceedings tribunal ruling remains pending.A seat of Justices Subramonium Prasad and Harish V Shankar faulted the proceedings tribunal for treating Kuldeep Sengar arsenic a nationalist servant and handing him jailhouse for the "remainder of life", for the offence of "aggravated penetrative intersexual assault" nether conception 5 of the Pocso Act.The seat concluded that the complaint of "aggravated penetrative intersexual assault" nether the conception was not applicable successful the lawsuit of Sengar. Section 5 of the Pocso Act defines "penetrative intersexual assault" against a insignificant arsenic "aggravated penetrative intersexual assault", if committed by persons holding positions of authorization - including a nationalist servant oregon constabulary serviceman wrong their jurisdiction, members of the equipped oregon information forces, oregon unit of hospitals oregon prisons.

high tribunal noted that Pocso Act did not specify a nationalist servant and that the proceedings tribunal wrongly relied upon Prevention of Corruption Act to get the definition."In presumption of circumstantial inclusion of IPC, CrPC, JJ Act and IT Act successful Section 2 of the Pocso Act, this tribunal cannot instrumentality assistance of the explanation of 'public servant' from immoderate different Act different than IPC, CrPC, JJ Act, and IT Act. Notably, CrPC, JJ Act, and IT Act bash not supply for the explanation of a nationalist servant," precocious tribunal observed, pointing retired that MLA is not recognised arsenic a nationalist servant nether immoderate of these statutes.

It held that "same reasoning applies for his condemnation nether conception 376(2)(b) of IPC".Counsel for the survivor, opposing the suspension of sentence, argued that adjacent if Sengar does not nether travel nether explanation of a 'public servant' wrong purview of Section 5(c) of the Pocso Act, helium tin inactive beryllium sentenced to imprisonment for the remainder of his life.The bench, however, noted that since it was prima facie satisfied that "that offence nether Section 5 of Pocso Act is not attracted successful contiguous case", survivor's contention "that the probe was compromised cannot beryllium a crushed not to suspend the condemnation of the appellant, much truthful looking astatine the play of incarceration already undergone".