The Supreme Court sought Rajasthan government’s response on Asaram’s plea challenging the High Court order upholding his conviction and life sentence in a 2013 minor rape case. The Bench issued notice and said bail would be considered only after hearing the State’s response.
The Supreme Court on Tuesday asked the Rajasthan government to respond to a plea filed by self-styled godman Asaram, who is challenging an order of the state High Court. The High Court had upheld his conviction and life sentence in the rape case involving a minor in 2013.
A bench of Justices MM Sundresh and Sheel Nagu issued notice to the state government and requested its reply within two weeks.
The bench observed orally,
“We are not granting bail now. Subject to hearing the state we will consider if there is grave necessity to grant bail like in condition where his life is in danger,”
On May 27, the Rajasthan High Court upheld Asaram’s conviction in the case, but acquitted him of charges related to gangrape and penetrative sexual assault on a child under the IPC and the POCSO Act.
Asaram was convicted on April 25, 2018 for sexually assaulting a minor student at his ashram and was sentenced to life imprisonment under multiple provisions of the IPC, the POCSO Act, and the Juvenile Justice Act.
Background of the Asaram Sexual Assault Case
The case against self-styled godman Asaram Bapu is among the most widely discussed criminal matters in India involving allegations of sexual assault by a religious figure. The allegations were made by a minor girl who had been staying at Asaram’s ashram in Jodhpur, Rajasthan. Because of Asaram’s extensive following, public influence, and the seriousness of the accusations, the case drew nationwide attention.
The alleged incident took place in August 2013 at Asaram’s ashram near Jodhpur. According to the prosecution, the minor girl was taken to a secluded place within the ashram on the pretext of receiving spiritual treatment and blessings. She later claimed that Asaram sexually assaulted her. After the complaint, the victim’s family approached the police, following which an FIR was registered.
Once the FIR was filed, the Rajasthan Police started investigating the allegations. During the early phase, Asaram avoided appearing before the investigators. However, after prolonged efforts and legal developments, he was arrested in September 2013 from Madhya Pradesh.
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The investigation included recording statements of the victim and witnesses, collecting documentary and medical evidence, and examining the circumstances surrounding the alleged offence.
During the course of the investigation, several other individuals associated with Asaram’s ashram were also named as accused. The prosecution alleged that certain persons linked to the ashram either helped in facilitating the crime or attempted to suppress the allegations. The accused were booked under multiple provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, which provides enhanced protection for children in cases of sexual offences.
Given that the victim was a minor, the prosecution argued that the case attracted strict provisions under the POCSO Act. The charges included rape, aggravated sexual assault, criminal conspiracy, and other related offences. The trial was conducted by a Special POCSO Court in Jodhpur due to the involvement of a child victim.
In the trial, the prosecution relied significantly on the victim’s testimony, treating it as central evidence. The defence, however, challenged the allegations and disputed the credibility of the prosecution’s evidence. The court evaluated witness statements, investigation records, and other material before arriving at its decision.
On April 25, 2018, the Special POCSO Court in Jodhpur convicted Asaram and awarded a life imprisonment sentence. The court found him guilty of sexually assaulting the minor and imposed the maximum punishment as per the relevant legal provisions. The conviction was seen as a major development in a criminal case that had attracted extensive public scrutiny.
After the conviction, Asaram filed an appeal in the Rajasthan High Court, challenging the trial court’s findings. He argued that the evidence was insufficient to support the conviction and sought to have the sentence set aside. The prosecution opposed the appeal and maintained that the trial court’s decision was grounded in evidence and proper legal reasoning.
On May 27, the Rajasthan High Court reviewed the appeal and upheld Asaram’s conviction relating to rape of a minor. The High Court also confirmed that the life imprisonment sentence would remain in effect, meaning Asaram continued to be convicted and serve his sentence. The verdict was pronounced by a division bench comprising Justice Arun Kumar Monga and Justice Yogendra Kumar Purohit, while deciding appeals filed by Asaram and his co-accused haratchandra and Shilpi.
However, the High Court granted limited relief by acquitting him of certain aggravated charges. These included gangrape-related allegations under the IPC and gang penetrative sexual assault charges under the POCSO Act. It also removed the charge of criminal conspiracy. As a result, while some additional counts were overturned, the core conviction concerning the sexual assault of the minor stood. The court also ordered Asaram to surrender, despite the fact that he is presently out on interim bail on medical grounds.
The High Court’s decision emphasized the difference between proving a specific offence and proving additional aggravated charges. The court held that the evidence was enough to sustain the conviction for rape of the minor, but it concluded that the prosecution had not established the additional charges such as gang-related allegations and conspiracy to the required legal standard.
The judgment continues to be significant in discussions on child protection laws and how the criminal justice system handles allegations involving influential individuals. The case remains a frequently cited example of the application of the IPC and POCSO Act in serious offences involving minors.
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