Jharkhand High Court denies relief in 30-year gang rape sentence, orders probe into ashram

“The concern of the Court is that if the women who are coming for meditation in the Ashram are not safe, rather, it appears that they are subjected to conspiracy resulting into such heinous crime. Herein, a woman, the mother of two children and being a destitute lady, came to Ashram to meditate to have a feeling of spiritualism but she was subjected to gang rape by four persons at 2.15 am mid-night on the gun point. This creates an impression that there is larger conspiracy by the persons who have established the Ashram for commission of such crime,” the court said.

Court not convinced

The convict’s counsel argued that he had already spent over six years in custody against the 30-year sentence and urged the high court to suspend it. The defence also questioned the reliability of the prosecutrix’s testimony and argued that the conviction could not properly be sustained on her evidence.

Opposing the plea, the state said the high court had earlier rejected an application for suspension of sentence on July 19, 2023. It also relied on the forensic evidence that was considered while the earlier plea was rejected.

Justices Sujit Narayan Prasad and Sanjay Prasad observed that the woman’s testimony remained unshaken during lengthy cross-examination.

The order records that the forensic report found that semen on the victim’s clothes matched the sample from the convict. It also recorded the forensic finding that the semen sample was from more than one person. The high court said this verified the prosecutrix’s testimony.

The bench further revisited the woman’s evidence and noted that her testimony had not been shaken during lengthy cross-examination and found no reason to disbelieve her version at this stage.

Further, considering an argument concerning whether the sexual relationship could be portrayed as consensual, the court noted that no question suggesting such a case had been put to the prosecutrix during cross-examination.

Crime’s gravity

Stating that the period already spent in custody and six years in jail could not alone justify suspension of the sentence, the court said the consideration of custody must be seen along with the “element of attributability” or the person’s role in the crime, as established during the trial.

The nature of the crime and the manner in which it was committed must also be considered. “Merely on the ground of custody having been undergone by the present appellant of about six years against the sentence of 30 years cannot be a ground for suspending the sentence,” the bench said.

The court took note of the trial record showing five criminal antecedents attributed to the convict, including one case involving a murder allegation and other cases concerning dacoity, robbery and under the Arms Act.

Order to conduct probe

The court’s concern went beyond whether the convict should be released pending his appeal. Noting that the ashram was a secluded place where women came for meditation, it questioned why appropriate action had not been taken after the alleged crime was communicated to the person running the ashram.

The judges said the circumstances raised a concern about the safety of women visiting the ashram and created an impression of a larger conspiracy involving those managing the ashram. The court did not conclude that such a conspiracy had been established, but it ordered an inquiry into the matter.

The bench directed the deputy commissioner to personally conduct an inquiry along with the superintendent of police into the ashram’s funding, its activities and any other incidents there and submit a report in two weeks.

The court also directed the state’s counsel to communicate the order to the two officers for compliance. Dismissing the application seeking suspension of the convict’s sentence, the high court clarified that its observations would not affect the parties’ pending appeal on merits.

The bench said that the direction concerning the ashram was aimed at preventing similar incidents so that other women would not come into the “clutch of the conspirators”.