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Why delay in Asaram case trial, Supreme Court pulls up Gujarat govt

Top court seeks reply on why rape survivor has not yet been examined

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It seems that luck has run out for self-styled godmen involved in rape cases. Shortly before a CBI court sentenced Dera Sacha Sauda chief Gurmeet Ram Rahim Singh to 20 years in prison, the Supreme Court pulled up Gujarat over the delay in the trial for godman Asaram Bapu.

On Monday, the top court pulled up the Vijay Rupani-led government and asked why the rape survivor was not yet examined. A Bench comprising Justices NV Ramana and Amitava Roy then directed the state of Gujarat to submit an affidavit explaining the delay.

On April 12, the top court had asked the trial court in Gujarat to expedite the recording of evidence of prosecution witnesses in this matter. The Surat trial court has yet to record the testimonies of 46 remaining prosecution witnesses including the alleged rape victims.

Earlier in January, the top court had also rejected the self-styled godman's plea for bail. Taking strong exception to his conduct, the Apex court had also slapped a fine amounting to Rs 1 lakh for filing a forged document in court that backed Asaram Bapu's claim for medical leave.

Since his incarceration, Asaram Bapu, who has been accused of sexual assault, has appealed for bail at least three times.

Asaram Bapu had appealed for immediate bail submitting that he wished to travel to Kerala for ayurvedic treatment since he was not receiving adequate medical attention in Jodhpur jail where he has been incarcerated since August 2013.

Asaram's lawyer had even submitted a letter allegedly issued by the Superintendent of Jodhpur jail, claiming that Asaram was medically unfit. However, this letter was later found to be forged.

Taking a tough stand, the Bench had then taken note of the dilatory tactics observed by the defence and the alleged threat to prosecution witnesses in this trial.

In order to demonstrate deliberate delay, it was pointed out that the investigating officer was summoned on 104 dates of hearing, for cross-examination.

"It can also not be overlooked, that during the period when prosecution witnesses were examined, there were a number of attacks on the witnesses, leading to the death of the two prosecution witnesses," the top court had then said.

The court also noted that even the lady Investigating Officer was threatened by a hired assassin. The said assassin, the court was informed, has since been arrested and the charges had been initiated.

In August 2013, a 16-year-old minor accused the 79-year old godman, who has lakhs of followers, of raping her on the pretext of exorcising her from evil spirits. After evading arrest for several days, Jodhpur police finally nabbed the godman from his ashram in Indore following a late night raid on the intervening night of September 1, 2013.

Barely months after he was arrested, in December 2013, Asaram and his son Narayan Sai, were further accused of rape by two sisters from Surat.

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