Self-proclaimed godman Asaram Bapu has received a major setback from the Rajasthan High Court in the much-talked-about case of rape of a minor. On Wednesday, the court upheld the lower court’s decision by upholding his life imprisonment sentence. The High Court dismissed the appeal filed against the conviction and sentence awarded by the special court in 2018. However, the court granted him relief from the charges of gang rape and criminal conspiracy and acquitted him of these sections. This decision was given by a division bench of the Rajasthan High Court, comprising Justice Arun Kumar Monga and Justice Yogendra Kumar Purohit.
In its detailed order, the court stated that the evidence on record was sufficient to prove that the victim had been sexually assaulted and that the serious charges leveled against the accused were substantiated. The court acknowledged that the prosecution had successfully proved the charges under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act. During the judgment, the court also clarified that the charges of gang rape and criminal conspiracy could not be proven based on the available evidence in the case. Therefore, Asaram was granted relief on these charges. However, the court also stated that this did not diminish the gravity of the main crime and that the life sentence awarded by the trial court was fully justified.
The High Court also directed Asaram to surrender. He is currently out of jail on interim bail due to health reasons. The court stated that after the expiry of the relief period, he will have to surrender as per law. The court acquitted co-accused Sharat Chandra and Shilpi of all charges in the case. The lower court had sentenced them to 20 years of rigorous imprisonment each, but the High Court found that there was insufficient and substantial evidence against them.
The court said that mere suspicion cannot convict anyone and the prosecution failed to conclusively prove the charges against him. The case came to light in 2013 when a minor girl from Uttar Pradesh alleged that she was raped at an ashram in Jodhpur. The complaint made headlines across the country. Following a police investigation and a lengthy legal process, in 2018, a special POCSO court in Jodhpur convicted Asaram and sentenced him to life imprisonment. An appeal was filed in the High Court challenging the same verdict.
The court said – the testimony of the victim is reliable, the case is confirmed by the evidence
The Rajasthan High Court stated in its judgment that the victim’s testimony was credible and consistent. The court acknowledged that there were no contradictions in the victim’s statement that could cast doubt on her credibility. The court also stated that the medical report and other circumstantial evidence bolster the prosecution’s claims. The bench stated that the victim’s statement is crucial in cases of sexual offenses involving minors, and if found credible, conviction is possible based on it. The court stated that the victim’s statement in this case was sufficiently supported by other available evidence.
Following the verdict, the case has once again become a topic of national discussion. The High Court’s decision is being considered a major judicial landmark in the long-running legal battle. The court clearly indicated that the law will be strictly enforced in cases of sexual offenses and that influential individuals will not be granted relief. Asaram has already been embroiled in controversy in several other cases. Several serious charges have been filed against him in various states. However, the High Court’s decision in this case is considered a major legal setback for him, as it has fully upheld the main conviction and life sentence.
Following the High Court’s decision, Asaram now has the option of approaching the Supreme Court. However, for now, he will have to surrender and serve his sentence as imposed by the lower court. The victim’s family has welcomed the court’s decision, stating that they have received justice after a long struggle. Meanwhile, the defense has indicated that they will consider further legal options. This decision by the Rajasthan High Court comes at a time when there is a growing demand across the country for stricter laws and speedy justice for crimes against women and children. This court’s decision is also being seen as a strengthening of the justice system and protection of victims’ rights.
