Asaram acquitted in gang rape case, to remain in jail
Jodhpur, May 28 -- The Rajasthan high court on Wednesday upheld Asaram Bapu's conviction and life imprisonment for raping a 16-year-old girl at his ashram in 2013, while dropping charges of gang rape and criminal conspiracy against him and acquitting two of his aides.
A division bench of Justices Arun Monga and Yogendra Kumar Purohit was hearing appeals against a 2018 conviction by the 86-year-old self-styled godman and his two accomplices Sanchita Gupta alias Shilpi and Sharad Chandra, who both secured complete acquittals. The court held that while they had asked the parents to take the victim to Asaram for "ghost healing", there was no proof that they knew about his criminal intent.
The case dates to August 2013. The survivor was studying at Asaram's gurukul in Chhindwara, Madhya Pradesh. She felt dizzy one day and fell in the hostel bathroom. The warden, Shilpi, told her and her parents that the girl was under the influence of evil spirits. She said only Asaram could perform an exorcism. The family believed her. They were devout followers of Asaram since 2002.
The bench accepted that the family genuinely believed the ghost story. "Faith is a powerful force. Devotees of religious gurus will often embrace, without question, the most superstitious pronouncements. It is precisely in such moments of vulnerability that the irrational finds its most willing audience," it observed.
"On the night of August 15, 2013, after a prayer meeting, Asaram called the girl inside his private room. He locked the door and switched off the lights. He then sexually assaulted her. He threatened to kill her parents if she screamed or told anyone," noted the bench.
The bench questioned why Asaram called the girl to his room late at night, calling the implication "damning".
"The intent writes itself across these facts in letters too large to ignore," noted the court.
The bench also noted that while the evidence completely established the charges of individual rape under the Indian Penal Code and the Pocso Act, it fell short of sustaining charges related to gang rape and criminal conspiracy. Consequently, the bench acquitted Asaram of offences under Section 376(D) (gang rape) and Section 120(B) (criminal conspiracy) of the IPC, alongside Sections 5(g)/6 of the Pocso Act. However, the bench strictly maintained his conviction under IPC Section 376(2)(f) for raping a minor, ensuring that the trial court's order for imprisonment for the rest of his natural life remained fully in force.
Convictions under other sections were also sustained, including Section 342 (wrongful confinement), Section 370(4) (human trafficking), Section 354-A (sexual harassment), Section 506 (criminal intimidation), Section 23 of the Juvenile Justice Act, and Sections 7/8 of the Pocso Act. While the court upheld the conviction under Section 354-A, it did not award any separate punishment for this offence, as the life sentence under Section 376(2)(f) was considered sufficient under Section 42 of the Pocso Act.
The bench directed Asaram, who had been out on interim bail to surrender immediately.
The bench noted the contrast between the two lives affected by the crime. "The victim's case is that for the appellant imprisonment is only physical, but for her, the sentence imposed upon her soul is lifelong. No Court can grant her release, is what she says," it said....
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