Asaram Bapu challenges rape sentence, Supreme Court seeks Rajasthan response
(File Photo)The Supreme Court on Tuesday sought government response on Asaram Bapu’s appeal challenging the Rajasthan High Court order upholding his conviction and life sentence in a case of rape of a minor girl. Issuing a notice to the Rajasthan government, a bench of Justices M M Sundresh and Sheel Nagu said the medical facilities extended to the self-styled godman till now would continue.Justice Sundresh said the court will have to hear the survivor too and cannot treat it like any other criminal case. “Let us hear them also…The very case is that you are in such a dominant position. Therefore, we have to look at it with a different approach,” he said. Asaram was convicted by a trial court in 2018 for the rape of a minor girl and sentenced to imprisonment for the remainder of his life. He challenged his conviction, claiming, among other things, that he was framed by extortionists. Upholding his conviction and sentence, the high court on May 27 cancelled Asaram’s bail, ordered forfeiture of his bail bonds, and directed him to surrender. However, the high court set aside his conviction for gangrape, aggravated penetrative sexual assault, and criminal conspiracy. It upheld his conviction under Indian Penal Code sections relating to trafficking of a minor; wrongful confinement; criminal intimidation; sexual harassment; word, gesture, or act intended to insult the modesty of a woman; and for being a relative, guardian, teacher, or person in a position of trust or authority who commits rape on such woman, besides under the provisions of the Juvenile Justice (Care and Protection of Children) Act and the Protection of Children from Sexual Offences (Pocso) Act, including for sexual assault. Interim bail on medical grounds On Tuesday, the survivor’s counsel pointed out that Asaram had also filed an application seeking interim bail on medical grounds. Justice Sundresh said the court will consider the request only if there is a “grave necessity”. “We are not considering a suspension of sentence… If there is some usual health issue, we are not going to consider. Subject to hearing them, and you, we will see if there is any grave necessity. Otherwise we are not going to…,” he said.Story continues below this ad The survivor’s counsel also said Asaram had suppressed crucial facts in his appeal. She pointed out that the Supreme Court had earlier denied him interim relief. “In this case, there are two minor victims and therefore the provisions of Pocso and Juvenile Justice Act are involved,” she submitted. The court gave the state and the survivor’s counsel four weeks to file their responses. Convicted by social media, says Asaram’s counsel Senior advocates D S Naidu and Devadatt Kamat and advocate Shashwat Anand, appearing for Asaram, said he was close to 90 years and had debilitating disorders. The court was informed that after the high court order, he was taken to hospital on June 2 and is continuing there.Story continues below this ad Naidu said, “This court is the only saviour because we are convicted by social media than by the honourable courts themselves.” He added that the high court had acquitted Asaram’s co-accused.
Discussion (0)