
The Delhi High Court held that former BJP leader Kuldeep Singh Sengar cannot be categorised as a "public servant," and therefore, Section 5(c) of the POCSO Act and Section 376(2)(b) of the IPC are not attracted.
The Court observed that the offence would instead fall under Section 4 of the POCSO Act, prescribing a minimum sentence of seven years’ imprisonment. This clarifies the legal basis behind the suspension of his life sentence by the High Court yesterday.
On Tuesday, the Court suspended Sengar’s life sentence pending appeal, subject to conditions including a ₹15 lakh personal bond, weekly reporting to police, surrender of passport, travel restrictions, and a complete prohibition on contacting the survivor or her family.
[Kuldeep Singh Sengar v. CBI]
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