Unnao Rape: CBI Lapses Aided Sengar, Victim Disadvantaged in Delhi HC Ruling
India
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CNBC Awaaz25-12-2025, 14:30

Unnao Rape: CBI Lapses Aided Sengar, Victim Disadvantaged in Delhi HC Ruling

  • Delhi HC removed POCSO Sections 5(c) and 6 against Sengar, stating an MLA isn't a 'public servant' under IPC Section 21, relying on a SC judgment.
  • CBI accepted this interpretation, and their argument for "purposive construction" failed, preventing life imprisonment under stringent POCSO sections.
  • CBI did not support the victim's family's 2019 petition to prosecute Sengar under stricter IPC sections for rape by a public servant.
  • The High Court now states Sengar can only be prosecuted under POCSO Section 3 (max 7 years), a period he has already served.
  • Trial court found CBI's investigation impartial, placing victim at a disadvantage; family alleges collusion and evidence suppression.

Why It Matters: CBI's investigative failures and legal stances in Delhi HC benefited Sengar, disadvantaging the Unnao rape victim.

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