Supreme Court Issues Notice On Asaram Bapu's Plea Against Rape Conviction, Refuses To Suspend Sentence For Now

The Supreme Court on Tuesday issued notice to the State of Rajasthan on the petition filed by self-styled godman Asaram Bapu challenging the the Rajasthan High Court judgment which upheld his conviction and life sentence under Section 376 IPC for committing rape of a woman at his ashram in 2013.

A partial Court working day bench of Justice MM Sundresh and Justice Sheel Nagu however refused to suspend his sentence at the present juncture. The bench directed that the medical facilities extended to the petitioner in prison be continued. The bench said that it will consider the grant of bail only if there is any grave health condition.

"We are not considering suspension of sentence. If grave urgency is there...such as danger to life...that's the only factor we will consider," Justice Sundresh said, asking the State to take notice. The State's counsel informed the bench that he was taken to hospital on June 2, and no threat to his health was foudn.

Senior Advocate Dama Seshadri Naidu, appearing for Asaram, submitted that he is over 80 years of age and is suffering from various ailments.  Naidu claimed that the petitioner was a victim of "social media trial". The counsel for the victim refuted the submission, and pointed out that there were minor victims also in the case.

The bench issued notice to the State on the application seeking sentence suspension. The bench also clarified that the petitioner can mention the matter for urgent listing if there is any deterioration of health.

To recap, a Special POCSO Court at Jodhpur had in April 2018 sentenced Asaram to life imprisonment for the remainder of natural life under Sections 376(2)(f) (rape committed by someone in a position of trust), 376D (gang rape), 370(4) (human trafficking), 342 (wrongful confinement), 506 (criminal intimidation) and 120B (criminal conspiracy) IPC.

He was also convicted for offences under Sections 5(g), 6, 7 and 8 of POCSO (Protection of Children from Sexual Offences) Act.

Vide the impugned judgment, the High Court upheld his conviction under the IPC offences (except gang rape and criminal conspiracy charge), but not under POCSO Act. Further, it acquitted co-accused Sharad and Shilpi— who were sentenced to 20 years in prison for allegedly playing an active role in the criminal conspiracy by facilitating the victim's meeting with Asaram.

Case Title: ASHA RAM @ ASHUMAL Versus STATE OF RAJASTHAN, SLP(Crl) No. 11761/2026