'Can't Say Trial Was Vitiated By Adverse Media Coverage': Rajasthan High Court Upholds Asaram's Life Sentence In 2013 Rape Case

The Rajasthan High Court on Wednesday (May 27) upheld an order convicting and sentencing Asaram to life imprisonment for sexually harassing and raping a minor in his Jodhpur Ashram in 2013, while setting aside his conviction for gang rape and aggravated penetrative sexual assault. In doing so the court rejected Asaram's argument that the trial was vitiated by media propoganda. The court also remarked that it cannot grant any indulgence to Asaram over his age as it cannot ignore the survivor's voice, who "carries an erasure, of her dignity, of her identity, of the self she was before the moment which not only completely destroyed but cleaved her life into a before and an after". A division bench of Justice Arun Monga and Justice Yogendra Kumar Purohit in its order held:1. The court upheld his conviction for offences under Section 370(4)(trafficking a minor), 342(wrongful confinement), 509(Word, gesture or act intended to insult the modesty of a woman), 506(criminal intimidation), 354A (Sexual harassment and punishment for sexual harassment) and 376(2)(f) (whoever being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman) IPC and Section 23 JJ (Care and Protectionof Children) Act.2. The court also convicted him for offences under Section 376 (rape) of IPC and Sections 3(Penetrative sexual assault) and 4(punishment for penetrative sexual assault), 7(sexual assault) and 8(Punishment for sexual assault) of POCSO Act. 3. The court said that the Punishment of greater degree under Section 376(2)(f), i.e.,life imprisonment which shall be for the remainder of his natural life alongwith the fine as accorded by the trial court to Asha Ram was upheld, without any other separate sentence/punishment for theother offences i.e. Sections 354A, 509, 376 of IPC and Sections 3/4 and7/8 of POCSO Act though held guilty, as above.4. It however set aside his conviction for offences under Sections 120-B(criminal conspiracy), 34(common intention) and 376-D(gang rape) IPC,Sections 5(g)(gang rape of child)/6(Punishment for aggravated penetrative sexual assault) of POCSO Act.Can't accept trial vitiated by adverse media propogandaIn its 90 page order the bench rejected Asaram's argument that the trial was vitiated by the "adverse media propaganda against appellant" (Asaram) and that the trial court failed in his duty to restrain such adverse media propaganda. It said: "If the appellant was aggrieved by any adverse media propaganda, it was open to him to take recourse to appropriate legal proceedings for preventing the same. If he did not take recourse to law for this purpose or failed in any such attempt, the blame cannot now be laid at the door of the learned Trial Court, who decided the case on its merits".The court further rejected the Asaram's contention that the Trial Judge erred in appreciating the evidence and that the investigating agency and the prosecution consciously acted in a manner to poison the atmosphere against the appellant and make it impossible to examine the issues of fact and law dispassionately. It further rejected the contention that the trial court did not examine the survivor's testimony properly. The court said that the Trial Court took pains and fully evaluated and analysed the evidence from every angle and recorded its conclusions consistent with record and relevant law. The court said that the trial court passed the order after due application of mind. The court noted that the appellant Asha Ram @ Ashumal was a religious guru, 'Bapu' as he addressed. The court noted the survivor's father's testimony which it said, showed that "he got influenced by him and had taken Deeksha at Ahmedabad"."He had served the appellant for 11-12 years by all means, used to give him at least 10% of his income and sometimes even more.In a satsang...he (appellant Asha Ram @ Ashumal) had told the audience that children who study in Gurukul would make progressand rise. They (parents) had got their daughter and younger son admitted to Gurukul for good educationand sacraments (sanskaars). His daughter was to be admitted in 8th class. However, as the seats in that class were full, she was admitted to the 7th class," the court said.It noted that sufficient evidence (unanimous depositions of the prosecutrix, mother and father both) was led by the prosecution to show that parents of the prosecutrix had taken Deeksha from the appellant and their daughter, the prosecutrix, took Deeksha in 2006 from Asaram.Devotion has a peculiar power to suspend reasonThe court observed that quite often devotees of religious gurus fall prey to such gurus as it seemed to have happened in the present case, noting that the survivor 's parents were Asaram's staunch devotees and had great faith in him and his advice. It said:"Obviously, since taking Deeksha, they were his staunch devotees, had been deeply indoctrinated, had held appellant Asha Ram @ Ashumal high in their esteem and...

'Can't Say Trial Was Vitiated By Adverse Media Coverage': Rajasthan High Court Upholds Asaram's Life Sentence In 2013 Rape Case

LIVELAW NEWS NETWORK

HC: Can't grant indulgence to Asaram and ignore the "victim's voice" as it would shake society's faith in justice system

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

'Can't Say Trial Was Vitiated By Adverse Media Coverage': Rajasthan High Court Upholds Asaram's Life Sentence In 2013 Rape Case

LIVELAW NEWS NETWORK

HC: Can't grant indulgence to Asaram and ignore the "victim's voice" as it would shake society's faith in justice system

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers