Only consider bail if his health deteriorates further’, SC gives Asaram a setback in the minor rape case.:
Read, Digital Desk : The Supreme Court on Tuesday sought a response from the Rajasthan government on a petition filed by self-proclaimed godman Asaram Bapu challenging the state High Court order which had upheld his conviction and life sentence in a 2013 rape case of a minor.
The court refused to suspend Asaram’s sentence. A bench of Justices M.M. Sundaresh and Sheel Nagu issued notice to the state government and sought a response within two weeks.
What did the Supreme Court say
Along with this, the Supreme Court directed the jail administration to provide proper medical facilities to Asaram and clarified that bail can be considered only when his health is very bad.
The bench orally stated, “We are not granting bail now. After hearing the state’s side, we will consider whether there is a serious need for bail.” The court added that bail would only be granted if his life was in danger.
What did Asaram’s lawyer say
Senior advocate DS Naidu, appearing for the petitioner, said that Asaram is more than 80 years old and is suffering from many diseases.
What is the Rajasthan High Court case
The Rajasthan High Court had on May 27 upheld Asaram’s conviction in the case but acquitted him of the charges of gangrape and sexual assault on a child under the IPC and POCSO Act.
The High Court acquitted Asaram of charges under Section 376(D) of the Indian Penal Code and Sections 5(G)/6 of the Protection of Children from Sexual Offences (POCSO) Act. The court also acquitted him of charges under Section 120(B) of the Indian Penal Code, which relates to criminal conspiracy.
However, the High Court bench upheld his conviction under Section 376(2)(F) of the IPC, which deals with rape of a minor, thereby upholding the life sentence awarded by the trial court.
The High Court upheld the conviction under various sections of the IPC – such as 342 (wrongful confinement), 370(4) (human trafficking), 506 (criminal intimidation), 509 (outraging the modesty of a woman), 354(A) (sexual harassment), as well as sections 7/8 of the POCSO Act and 23 of the Juvenile Justice Act.
The bench also upheld his conviction under Section 376 of the IPC and Section 34 of the POCSO Act. The High Court had acquitted co-accused Sanchita Gupta alias Shilpi and Sharat Chandra.
It is worth noting that Asaram was convicted on April 25, 2018, of sexually assaulting a minor student at his ashram and sentenced to life imprisonment under several sections of the IPC, POCSO Act and the Juvenile Justice Act.
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