The Rajasthan High Court in Jodhpur has reaffirmed the conviction of self-proclaimed spiritual leader Asaram Bapu for the sexual assault of a minor in Jodhpur back in 2013. This decision was rendered by a division bench comprising Justices Arun Monga and Yogendra Kumar Purohit in the case of Asha Ram @ Ashumal v. State and connected petitions.
The court meticulously detailed how Asaram exploited the trust placed in him by the victim’s parents, who were his long-time followers. The parents had entrusted their children to a ‘Gurukul’ named after Asaram and brought their daughter to him for purported ‘ghost-healing’. The court emphasized the potent influence of faith, observing, “Faith is a powerful force. Powerful enough to suspend even the sharpest of minds. Devotees of religious gurus will often embrace, without question, the most superstitious pronouncements and irrational counsel, including tales of ghosts and the supernatural.”
Despite Asaram being 86 years old, the court chose not to reduce his sentence. The bench highlighted that showing leniency would undermine public trust in the justice system, especially given that he misused his position as a ‘self-styled godman’. The judgment underscored, “We are unable to grant any indulgence since in the shadow of his frailty cannot justify ignoring the victim’s voice. Quiet. Devastating. Irrefutable. To ignore it would be to shake society’s faith in the criminal justice system, and send wrong a message no court must ever send, least of all when the perpetrator hid behind the cloak of a self-styled godman.”
Justices Monga and Purohit noted the vulnerability of devotees during crises, explaining how individuals can become susceptible to irrational beliefs. The court remarked, “It is precisely in such moments of vulnerability that the irrational finds its most willing audience. Devotion thus has a peculiar power to suspend reason. Quite often, devotees of religious gurus would fall prey, without questioning those in whom they have faith. As seems to have happened in the case in hand.”
The High Court was hearing appeals by Asaram Bapu and two co-accused: hostel warden Sanchita Shilpi and school director Sharad Chandra. The court supported the trial court’s findings that the victim, then a minor, was wrongfully detained in Asaram’s ‘kutiya’ (thatched house) at his Jodhpur ashram in August 2013, where she was subjected to sexual assault and criminal intimidation. The court noted, “It stood proved on record that the appellant had threatened the prosecutrix that her family would be finished, if she would raise her voice or ever reveal the incident to anyone.”
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However, the bench overturned the conviction for gang rape and criminal conspiracy, acquitting the co-accused under the Protection of Children from Sexual Offences Act (POCSO Act). The judges found no evidence to substantiate the charge of gang rape, stating, “There is not even any allegation that more than one person had committed the offence of rape, let alone reliable evidence on record to prove the same. In our opinion, trial court erred in convicting and sentencing the appellant for the offence gang rape. Thus, he ought to be acquitted of the said charge.”
The court also concluded that a criminal conspiracy was not proven, as there was no evidence of a “meeting of minds” between Asaram and his co-accused. Addressing the delay in filing the FIR, the court concurred with the trial court that the victim was likely intimidated by Asaram’s influence and authority. The court commented, “Even if some part of the delay in lodging in the FIR remains unexplained, the same is not fatal to the case, provided the available material against the accused satisfies the conscience of the Court. It seems that this test is also met in the instant case.”
[Read Judgment]
