The Jammu and Kashmir and Ladakh High Court recently affirmed a lower court’s decision, sentencing 84-year-old self-proclaimed godman, Brahmanand Saraswati, to a decade of rigorous imprisonment. This verdict stems from his conviction for the sexual assault of a minor girl. Justice M.A. Chowdhary dismissed the appeal against Saraswati’s conviction and sentence on August 12, emphasizing that the evidence against him was both substantial and credible.
High Court’s Rationale
The High Court supported the trial court’s assessment that Saraswati’s elderly status did not warrant leniency. Justice Chowdhary remarked, “In this case, an elder godman, revered by the village inhabitants, sexually assaulted a minor girl suffering from dwarfism. Given the substantial and credible evidence, including witness testimonies and expert reports, it is clear that the convict committed the offense under Section 376 of the Ranbir Penal Code (RPC).”
Case Background
The case originated from a report filed by the Reasi police after a minor girl revealed her pregnancy to her family, naming Saraswati as her assailant. Saraswati, who lived near the victim’s family, was a respected figure in the community. The victim frequently visited him to deliver food and other items. The prosecution argued that on one such occasion, Saraswati drugged the girl’s tea, rendering her unconscious before assaulting her. He allegedly threatened her with severe repercussions if she disclosed the incident.
These assaults reportedly continued until the girl became pregnant. The situation came to light after she suffered abdominal pain and confided in her parents. Tragically, she delivered a stillborn child in October 2018. Authorities apprehended Saraswati in Uttar Pradesh after he evaded capture for a month.
Trial Court’s Verdict
In 2024, the trial court found Saraswati guilty of rape, imposing a 10-year sentence along with a ₹5,000 fine. Saraswati challenged this decision, citing an eight-month delay in the FIR, discrepancies regarding the victim’s age, and the absence of eyewitnesses, among other arguments. He also questioned the integrity of the DNA evidence and the presence of another suspect.
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High Court’s Decision
The High Court dismissed these challenges, acknowledging the delay in filing the FIR was understandable due to the victim’s age and the godman’s influence. The Court found the victim’s testimony consistent with medical and DNA evidence, which confirmed Saraswati as the biological father of the child. Furthermore, the Court considered the trial court’s observations about the non-applicability of the Protection of Children from Sexual Offences Act, 2012 (POCSO), to Jammu and Kashmir at the time of the incidents. However, since the state did not contest this aspect, the High Court refrained from further commentary.
The Court noted that repeated assaults fell under Section 376(2)(n) of the Ranbir Penal Code, which could warrant life imprisonment. Yet, it did not augment the sentence as the state had not appealed against its severity. Consequently, the High Court upheld the trial court’s decision, maintaining the 10-year sentence and fine.
Advocate Vasudha Sharma represented the convict, while Government Advocate Sumeet Bhatia appeared for the state.
