Supreme Court: Asaram Bapu Appeal Hearing Set for November 6

• India's Supreme Court will hear Asaram Bapu's appeal against his conviction for sexually assaulting a minor on November 6.
• The Court has ordered the summoning of all trial court records, both physical and digital, for review.
• Arguments in the appeal include challenges to the interpretation of Section 375 of the Indian Penal Code regarding the definition of rape.
• Asaram Bapu is currently out on 20-day parole, which concludes on October 27.
• The Supreme Court previously directed AIIMS to form a medical board to assess Asaram Bapu's health condition.

Central to the appeal are arguments challenging the interpretation of Section 375 of the Indian Penal Code, which defines rape, and the application of Section 376 IPC.

The Supreme Court of India is set to hear an appeal filed by self-styled godman Asaram Bapu on November 6 at 2 PM. This hearing concerns his conviction for the sexual assault of a minor devotee in Jodhpur in 2013. The matter will be heard by a bench comprising Justices JB Pardiwala and K Vinod Chandran.

In preparation for the upcoming hearing, the apex court has instructed its Registry to procure all trial court records related to the case. These records are to be submitted in both physical and digital forms. Once received, digital copies of the paperbooks will be provided to the legal counsel representing Asaram, the State, and the victim, who is listed as Respondent No. 2 in the proceedings. The Court indicated that a thorough review of these records would precede further arguments.

This appeal also encompasses Asaram Bapu's challenge to the Gujarat High Court's decision to deny him 20 days of temporary bail, which he sought to visit his ailing wife. Additionally, an application for bail on medical grounds is part of the ongoing appeal against his conviction. Senior Advocate Siddharth Dave is representing Asaram, while Solicitor General Tushar Mehta is appearing on behalf of the respondent State.

Central to the appeal are arguments challenging the interpretation of Section 375 of the Indian Penal Code, which defines rape. Asaram's counsel, Senior Advocate Dave, has contended that the prosecutrix's testimony may not satisfy this statutory definition. Furthermore, Dave has raised questions regarding the High Court's decision to convict Asaram under Section 376 IPC, asserting that this conviction was made despite the specific nature of the charges framed during the initial trial proceedings.

The Solicitor General, Tushar Mehta, representing the State, has countered these arguments by drawing attention to significant events during the trial, including the murder of three key witnesses. Justice Pardiwala noted that the bench had already reviewed the oral evidence presented in the case. He emphasized that the appellant would need to clearly demonstrate how any alleged procedural or substantive lapse fundamentally invalidates the conviction.

The case also involves previous judicial actions concerning Asaram's conviction. In June, Asaram had approached the Supreme Court to contest a May 2026 decision by the Rajasthan High Court. While the Rajasthan High Court had partially allowed appeals filed by Asaram and his co-accused, setting aside convictions under Section 376D of the Indian Penal Code (gang rape) and certain provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), it crucially upheld Asaram's conviction for rape.

The Supreme Court's decision to defer the hearing until November 6 was made with consideration for Asaram Bapu's current parole status. He is presently out on a 20-day parole, which is scheduled to conclude on October 27. This release was facilitated by Rajasthan jail authorities following contempt proceedings that arose from the non-implementation of a Rajasthan High Court order granting him parole.

The history of Asaram's parole requests was discussed during the hearing. The Solicitor General informed the Court that the Gujarat High Court had previously rejected his plea for parole on medical grounds, and a subsequent request citing his wife's poor health was also denied. These rejections form part of the procedural history examined by the bench.

Adding another layer to the medical considerations, the Supreme Court had, in the preceding month, instructed the Director of the All India Institute of Medical Sciences (AIIMS) to establish a medical board. The purpose of this board is to thoroughly assess Asaram Bapu's health condition. However, Solicitor General Tushar Mehta has voiced strong opposition to Asaram's medical claims, questioning their veracity. Mehta highlighted that Asaram had previously secured bail on the premise of being in a "vegetative state," yet he has reportedly been seen "roaming around," with alleged visits to Kashi Vishwanath and Ayodhya.

Criminal defense lawyers and prosecutors in India should closely follow the Supreme Court's examination of Asaram Bapu's conviction appeal, particularly the arguments regarding the interpretation of Section 375 and 376 IPC and the POCSO Act, as the outcome could clarify legal standards for rape convictions and appellate review.

Source: Facts derived from original reporting.