Rajasthan HC Upholds Asaram’s Life Sentence for Rape, Sets Aside Gang Rape Conviction; Co-Accused Acquitted

The Rajasthan High Court has partly allowed the appeals filed by self-styled spiritual leader Asaram Bapu and his co-accused in the 2013 sexual assault case involving a minor girl, setting aside the conviction under Section 376D of the Indian Penal Code (gang rape) and certain provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). However, the Court upheld Asaram’s conviction for rape under Section 376 IPC and maintained the sentence directing imprisonment for the remainder of his natural life.

A Division Bench of Justice Arun Monga and Justice Yogendra Kumar Purohit delivered the judgment while deciding criminal appeals challenging the 2018 conviction recorded by the Special POCSO Court at Jodhpur.

While acquitting co-accused Sharad and Shilpi of all charges, the Bench held that the evidence on record was sufficient to sustain Asaram’s conviction for rape and therefore declined to interfere with the punishment imposed by the trial court.

The Court also directed Asaram to surrender before the authorities at Jodhpur Central Jail.

The judgment comes nearly eight years after the Special POCSO Court convicted Asaram for sexually assaulting a minor girl and sentenced him to life imprisonment.

The case attracted significant public attention owing to the stature of the accused and the serious nature of the allegations made by the prosecutrix.

The prosecution case arose from allegations made by a minor girl who accused Asaram of sexually assaulting her at his ashram.

According to the prosecution, the assault occurred under the guise of spiritual healing and religious guidance.

Following registration of the First Information Report, investigating authorities conducted an inquiry based on medical evidence, witness statements and other circumstantial material before filing a chargesheet against the accused persons.

After a full-fledged trial, the Special POCSO Court at Jodhpur, on April 25, 2018, found Asaram guilty and sentenced him to imprisonment for the remainder of his natural life.

The trial court had also convicted the co-accused and imposed substantial terms of imprisonment. Aggrieved by the conviction and sentence, the accused persons approached the High Court through separate criminal appeals.

The Division Bench had reserved judgment on April 20 after the completion of final arguments. Upon examining the evidence and findings of the trial court, the High Court undertook a charge-wise assessment of the prosecution case.

While partly allowing the appeals, the Bench reiterated a fundamental principle of criminal jurisprudence that every charge levelled against an accused must be independently established beyond reasonable doubt.

Applying this standard, the Court found that the prosecution had failed to conclusively prove the ingredients necessary to sustain the charge of gang rape under Section 376D IPC and certain aggravated offences alleged under the POCSO Act.

As a result, the accused were entitled to the benefit of doubt in relation to those charges.

The Court observed that the evidence available on record did not sufficiently establish the allegation of gang rape. Consequently, the conviction under Section 376D IPC was set aside.

The Court also found deficiencies in the evidence supporting certain POCSO charges and accordingly interfered with those findings as well.

At the same time, the Bench was clear that the failure of the prosecution to establish every charge did not necessarily undermine the core allegation of rape against Asaram.

The Court noted that the testimony and allegations of the prosecutrix, when evaluated alongside the material available on record, remained credible and reliable for the purpose of sustaining a conviction under Section 376 IPC.

The judgment underscores an important aspect of criminal adjudication: courts are required to separately assess the evidentiary foundation for each charge and may uphold a conviction for one offence even while acquitting an accused of others where the standard of proof has not been met.

The High Court’s decision reflects this approach by distinguishing between the evidence supporting the principal allegation of rape and the material relied upon for establishing gang rape and other aggravated offences.

Having concluded that the offence of rape stood proved beyond reasonable doubt, the Bench refused to interfere with the life sentence imposed by the Special POCSO Court.

Asaram’s conviction under Section 376 IPC and the punishment of imprisonment for the remainder of his natural life therefore continue to remain in force despite the partial relief granted in appeal.

Case Title: Asharam @Ashmul V. State of Rajasthan

With Inputs From: TOI