Asaram rape case: SC sets aside HC order to summon IPS officer as court witness
Apr 17, 2023
New Delhi [India], April 17 : The Supreme Court on Monday set aside the Rajasthan High Court's order, summoning IPS officer Ajay Pal Lamba for recording his evidence as a court witness in a case related to self-styled godman Asaram's appeal against his conviction in a minor's rape case.
A bench comprising Justices Sanjiv Khanna and MM Sundresh asked Rajasthan High Court to expeditiously decide Asaram's appeal against his conviction in the rape case.
The apex court allowed an appeal filed by the Rajasthan government challenging the High Court's order asking Jaipur's Additional Commissioner of Police Lamba to record his evidence as a court witness in the case.
"We have allowed the appeal and set aside the impugned judgment. We request the High Court to take up the appeal for hearing expeditiously," the top court said in its order.
Asaram's appeal against his conviction is pending before the High Court where he has argued that the entire prosecution case is false and fabricated and filed an application to summon Lamba, alleging that a video recording by him might have influenced the testimony of the teenager.
He said the victim's graphic description of the alleged crime scene - Asaram's private quarters or 'kutia' -- was allegedly influenced by a video recording of the place by the IPS officer when he was serving in Jodhpur.
The girl had not given any description of the interiors of the 'kutia' in her handwritten complaint or the statement recorded by police on August 20, 2013, the counsel of Asaram said.
Lamba, in his book, 'Gunning for the Godman: The true story behind Asaram Bapu's conviction', the then DCP (West) in Jodhpur had said that he filmed the scene of crime on his mobile phone just in case it was needed during the investigation.
A lower court had sentenced Asaram to life imprisonment in 2018 for the rape of a minor at an 'Ashram' in Jodhpur in 2013. The appeal against the order of the trial court is pending before the High Court.
