On April 2, the Gujarat High Court will initiate proceedings to hear the appeal lodged by self-proclaimed godman Asaram Bapu, contesting his conviction in a 2013 rape case. This move follows deliberation over Asaram Bapu's age and his prolonged incarceration spanning a decade. Justices AS Supehia and Vimal Vyas, forming a division bench, were presiding over the plea from the self-styled spiritual leader, seeking suspension of his prison term.
At the beginning of the hearing, Justice Supehia remarked, "Should we find upon reviewing the evidence presented in the bail application that we are not inclined to grant it, then we will proceed to schedule the main appeal..."
At the onset of the hearing, Justice Supehia commented, "If upon scrutinizing the evidence submitted in the bail application, we are not inclined to grant it, then we will proceed to set a date for the main appeal..."
Asaram's legal representative then highlighted to the court four incidents occurring across various years: 1996, 1997, 2091, and 2005. They stressed that there were no allegations made in 1996 and 1997, but an accusation emerged in 2001, resulting in the ongoing prosecution of Asaram.
In response, the counsel elucidated that the entirety of the evidence hinged solely on the testimony of the prosecutrix. They further noted that another piece of evidence was derived from the cook, who claimed to have been present at the time of the incident involving the lady. It was pointed out that although his statement under Section 164 of the Criminal Procedure Code was documented, he had subsequently been murdered, and his testimony was accepted without undergoing cross-examination, being deemed unquestionable.
Justice Supehia clarified that the bench's examination was restricted to procedural aspects, not delving into the merits of the case. Concluding the hearing, Justice Supehia stated the court's intention to finalize the appeal proceedings, encompassing thousands of pages, before the summer recess. This would enable the court to deliver its verdict post the vacation period.
In January 2023, a trial court in Gujarat convicted Asaram Bapu of raping his female disciple on multiple occasions at his Surat ashram in 2013. Asaram was charged under Sections 342 (wrongful confinement), 376 (rape), 506 (criminal intimidation), and 509 (insulting the modesty of any woman) of the Indian Penal Code, along with Section 8 of the Protection of Children from Sexual Offences Act (POCSO).
Case Number: CR.MA/1/2023 IN R/CR.A/607/2023
Case Title: Ashumal @ Asharam Thaumal Sindhi (Harpalani) vs State of Gujarat
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