The Rajasthan High Court Thursday confirmed that the self-proclaimed godman Asaram Bapu was guilty of rape of a minor girl and ordered him to be sent back to Jodhpur Central Jail immediately, and also to surrender the person to the court. The court highlighted that the convict’s senior status and his frailty “should not be a reason to overlook the voice of the victim,” reiterating the importance of justice for the victim.
The division bench, led by Justice Yogendra Kumar Purohit and Justice Arun Monga, while presiding over the appeals filed against the conviction in 2018 by the Special POCSO Court in Jodhpur, observed that the court’s verdict was flawed in failing to sufficiently address the victim’s allegations.While hearing the appeals, the division bench pointed out that the Special POCSO Court’s verdict in Jodhpur, 2018, did not adequately consider the victim’s allegations. In that ruling it was determined that Asaram is a rapist of a minor girl and he was sentenced to life imprisonment.
The case was discussed in detail by the Rajasthan High Court as it involved the well-knownness and influence of the accused. The court upheld a number of serious charges under the Indian Penal Code but set aside a few charges for gang rape and aggravated penetrative sexual assault and criminal conspiracy.
These encompassed the acts of trafficking a minor, wrongful confinement, Criminal intimidation, sexual harassment and abuse of trust by a person in authority. The court noted that those with spiritual or social authority should be held to the highest standard of accountability in cases of the misuse of that authority.
The judgment suggests that the gravity of the offence and the victim’s rights are more important than the individual situation of the convict.