Key Highlights
- Thus, the court said the charge of "aggravated penetrative sexual assault by a public servant" of a minor, which carries a jail term of 20 years, cannot be applied to Sengar.
- However, the CBI stated that a sitting MLA is undeniably a "public servant" by virtue of holding a constitutional office, which vests them with public trust and authority over the electorate.
- CBI SEEKS PAUSE ON HIGH COURT ORDERThe CBI said the High Court erred in law by failing to adopt a purposive interpretation of the POCSO Act, which is aimed at punishing exploitation and sexual abuse of children by "public servants" or individuals wielding political or social authority."The order passed by the High Court was perverse and contrary to law because the court failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust...
- and that such a position carries heightened responsibility arising from duties owed to the society," the CBI plea said. Sengar was convicted of kidnapping and raping the girl in 2017, when she was a minor.
- The case came to light after the survivor tried to set herself on fire outside Uttar Pradesh Chief Minister Yogi Adityanath's residence in April 2018. Following the High Court order, the survivor and her mother staged a protest near the India Gate and also met Congress leaders Sonia and Rahul Gandhi.
