Self-styled godman Asaram Bapu on Tuesday refuted the rape charge against him by a 16-year-old girl, saying her medical report does not support her allegation as the court put off till tomorrow hearing on his bail plea.
Seventy-two-year-old Asaram was sent to jail on Monday after he was remanded in 14-day judicial custody by a court here. Asaram was arrested in Indore following an FIR lodged by the victim that she was sexually assaulted by him.
Asaram's counsel K K Menon, arguing on his bail plea before District and Sessions Judge (Rural) Manoj Kumar Vyas, alleged that the police had worked under the pressure of media and prepared FIR in a hurry.
After hearing for two hours the arguments by the defence, the magistrate said the hearing in the case will continue tomorrow and prosecution would be heard.
Menon later told reporters, " The FIR against Asaram does not stand as there are several lacunae in it." "There were some additional inputs in the FIR after MLC (Medico Legal Certificate) conducted on the victim. MLC report does not support the statements made by the girl. Hence, the case does not fall under section 376 (rape charge) of IPC...outraging of modesty is not attracted...it is bailable, and bail should be granted to my client," he said.
Asaram was not brought to the court from Jodhpur Central jail when his bail plea was taken up for hearing.
He has been booked under sections 376, 342, 506 and 509 of the IPC, section 8 of the Prevention of Children from Sexual Offences Act (POCSO) and sections 23 and 26 of the Juvenile Justice Act in connection with the alleged assault.
The defence claimed that the victim was not minor as was being claimed and in fact was an adult and so the charges under POSCO against Asaram also do not stand.
Asaram was arrested amid high drama on the intervening night of Saturday-Sunday in Indore and brought here on Monday for interrogation. He has denied the charges.
He has cleared a potency test conducted on him at the SN Medical college here. To recreate the incident, police had also also taken to his Manai Ashram, about 30 km from Jodhpur, where the girl was allegedly sexually assaulted.
Asaram's counsel had moved a bail application on Monday immediately after the court remanded Asaram in judicial custody.
Menon asked why the FIR was lodged in Kamla Nagar police station and that too after 4 days of the incident by the girl.
Besides this, there was no timing of the incident mentioned in the FIR.
He said that according to FIR, the mother of the victim was outside the room in which the girl was said to be with Asaram when she was allegedly assaulted.
"So when she cried, why did not her mother respond and raise an alarm," he asked and contended that the statement of the victim was not admissible.
The medical report was carried out before filing of the FIR and it has no mention of any sexual assault, he said.
According to him, this MLC was carried out by the victim herself at Ram Manohar Lohia hospital. He also raised question on the age of the victim.
Defence also raised objections on the potency test carried out on Asaram who has cleared it.
Counsel for prosecution AAG Anand Purohit said a detailed reply will be given tomorrow on the points raised by the defence in support of the bail application.