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In an Interlocutory Application filed for taking additional evidence in the Asaram @Asaram Bapu rape case alleging that the entire prosecution case was false and fabricated, the Rajasthan High Court has summoned Ajay Pal Lamba, the then DCP (West), Jodhpur as a court witness.

The bench of Justices Sandeep Mehta and Vinod Kumar Bharwani pronounced the order on Thursday. Asaram is currently undergoing imprisonment at the Central Jail, Jodhpur following his conviction under sections 370(4), 342, 506, 376(2)(f) and 376D of the Indian Penal Code by the Special Judge, POCSO Act Cases, Jodhpur in the 2013 case. 

The application was filed on behalf of Asaram amid hearing of the appeal in the case seeking directions to summon Lamba as a Court witness for cross-examination pertaining to certain excerpts of the book authored by Lamba titled “Gunning For The Godman, The True Story Behind Asaram Bapu’s Conviction”.

In his application, referring to a para of Lamba's book which talks about video recording of the hut-like room ('Kutia') by Lamba on his mobile phone, Asaram has claimed that to fabricate a case against him, this video was shown to the victim as she had never entered that alleged Kutia before. 

Asaram, in his application, states that victim's handwritten complaint submitted at the Police Station Kamla Market, Central District, Delhi on March 19, 2013 reads that she was ravished inside a hut-like room (Kutia) in his Ashram at Jodhpur, however, neither in this handwritten complaint nor in victim's recorded statement, any description of the interiors of “the Kutia” was ever given.

Asaram has alleged that in pursuance of a conspiracy, the victim was made familiar with the crime scene by the aid of the photographs and that is why she was able to describe the same at a later point of time.

It has also been contended that till the publication of Lamba's book, the defence had no idea regarding the video recorded by Lamba and claims that no sooner, the book was published and came out in the market, this important fact came to light whereupon, the instant application was preferred.

Raising such contentions, Asaram had urged that summoning Lamba as a court witness and recording his evidence was absolutely essential in the interest of justice and for fair and just decision of the appeal.

However, significantly, opposing Asaram's prayer, the prosecution had placed before the court the disclaimer on first page of the book, which reads, "Some parts of the story have been dramatized for the purpose of lucidity and the enhancement of the narrative.”

The prosecution counsel had argued that "undoubtedly, the book contains a dramatized description and since the narrative has been enhanced by the author, there was no sanctity in the argument that the author had given a true narrative in the book which actually is a fictional story telling and nothing beyond that."

However, at the outset, after deliberating upon the submissions advanced at the bar and perusing the record of the case, the court found that it would have been premature to comment that for describing the crime scene, the victim was tutored on the basis of some videography.

Further stressing that it was absolutely unwarranted for Lamba to have published the book while the matter is still pending consideration at the stage of appeal, the court noted that the concerned video would definitely be a valuable piece of evidence. 

Therefore, court concluded that it was absolutely essential in the interest of justice and for a just decision of the case to summon Lamba as a court witness in this case while giving access of cross-examination to the defence as well as the prosecution.

Cause Title: Asaram @ Ashumal vs State