SC notice to Rajasthan on Asaram’s plea challenging Rajasthan HC judgment
The Supreme Court on Tuesday sought a response from the Rajasthan Government on a plea filed by self-styled godman Asaram challenging an order of the state high court, which had upheld his conviction and life sentence in the rape case of a minor in 2013.
While refusing to suspend Asaram’s sentence, a bench of Justices MM Sundresh and Sheel Nagu issued notice to the state Government and sought its reply within two weeks.
The top court directed the jail authorities to extend medical facilities to Asaram, and said it will consider the grant of bail only if there is any grave health condition.
“We are not granting bail now. Subject to hearing the state we will consider if there is grave necessity to grant bail, like in a condition where his life is in danger,” the bench observed orally. During the hearing, senior advocate DS Naidu, appearing for the petitioner, submitted that Asaram is over 80 years of age and suffering from various ailments.
The Rajasthan High Court had on May 27 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 POCSO Act. The HC had acquitted Asaram of charges under IPC Section 376(D) and Sections 5(G)/6 of the POCSO Act. The court also discharged him under Section 120(B) of the IPC related to criminal conspiracy. However, the HC bench upheld his conviction under IPC Section 376(2)(F), pertaining to rape of a minor, thereby retaining the sentence of life imprisonment awarded by the trial court.
The high court had also upheld convictions under several other provisions, including Sections 342 (wrongful confinement), 370(4) (trafficking), 506 (criminal intimidation), 509 (insulting the modesty of a woman), 354(A) (sexual harassment) of the IPC, along with Sections 7/8 of the POCSO Act and Section 23 of the Juvenile Justice Act.
The bench further upheld his conviction under Section 376 of the IPC and Section 34 of the POCSO Act. The high court had acquitted co-accused Sanchita Gupta alias Shilpi and Sharat Chandra.
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, POCSO Act, and Juvenile Justice Act.
