The Supreme Court on October 14, deferred further hearing in Asaram Bapu’s appeal against his rape conviction in the 2013 Jodhpur minor sexual assault case, directing its Registry to obtain the trial court records in physical and digital formats.
A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran was hearing proceedings concerning Asaram’s challenge to the Rajasthan High Court judgment upholding his conviction and life sentence under Section 376 of the Indian Penal Code (IPC). The proceedings also involved his request for temporary bail to visit his ailing wife, which had been rejected by the Gujarat High Court in a separate rape case.
The Court was informed that Asaram is currently on 20 days’ parole, which expires on October 27. Senior Advocate Siddharth Dave appeared for Asaram, while Solicitor General Tushar Mehta represented the State.
During the hearing, Dave questioned the legal basis of the conviction under Section 376 IPC and raised issues concerning the charges framed during the trial. The State, meanwhile, referred to the murder of three prime witnesses during the proceedings.
Justice Pardiwala indicated that the Court would examine whether the alleged legal lapse was sufficient to affect the conviction.
“Unless you are able to convince us that because of the lapse the entire conviction would be said to have vitiated, we will look into it,”
The Bench also directed that the trial court records be obtained in both physical and digital formats to facilitate further examination of the appeal.
The Court ordered the Registry to summon the trial court records and provide digital paperbooks to the counsel representing Asaram, the State and the victim.
The order recorded,
“Once received, digital paperbooks are to be furnished to the counsel for Asaram, the State and Respondent No. 2 (the victim).”
The Bench directed that the appeal be taken up after Asaram’s current parole period ends and he surrenders.
The matter has been listed for further hearing on November
