Court affirms conviction of Asha Ram @ Ashumal for rape, sexual assault, wrongful confinement, and criminal intimidation of a minor under IPC and POCSO Act; sets aside charges against co-accused Shilpi and Sharad Chandra
In a landmark judgment dated 27th May 2026, the Rajasthan High Court (Division Bench comprising Justices Arun Monga and Yogendra Kumar Purohit) has upheld the conviction and life imprisonment sentence of 86-year-old self-styled godman Asha Ram @ Ashumal for the rape and sexual assault of a minor girl, reinforcing stringent protection under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO), 2012.
The case arose from a complaint lodged in August 2013 by the victim, a student residing in a Gurukul named after the accused, who was revered as a spiritual guru by the victim’s family. The prosecution established that the accused, leveraging his position of trust and authority, had wrongfully confined the minor under the pretext of exorcising evil spirits and subjected her to penetrative sexual assault, including acts of molestation, criminal intimidation, and wrongful confinement at his Ashram in Manai, Jodhpur.
The High Court meticulously analyzed extensive evidence, including the victim’s unimpeached testimony, corroborated by her parents and multiple witnesses, medical reports, call detail records, and documentary evidence spanning over 444 pages of trial court judgment. The Court rejected the defense’s contentions challenging the victim’s age, delay in FIR registration, and alleged conspiracy claims. It held that the victim was below 18 years at the time of the offence, relying on matriculation certificates and other consistent school records, thereby applying the rebuttable presumption under Section 29 of the POCSO Act correctly.
While the trial court had convicted co-accused Shilpi @ Sanchita (hostel warden) and Sharad Chandra @ Sharat Chandra (school director) for offences including criminal conspiracy and gang rape under Section 376D IPC, the High Court set aside these convictions due to lack of evidence proving their knowledge or meeting of minds regarding the sexual offences committed by Asha Ram. The Court emphasized that mere acts of directing the parents to bring the victim for ‘ghost healing’ did not establish criminal conspiracy or complicity in the sexual assault.
Significantly, the Court modified the trial court’s judgment by acquitting Asha Ram of charges under Sections 120B (criminal conspiracy), 34 (common intention), and 376D (gang rape) IPC, but maintained his conviction under Sections 370(4) (human trafficking), 342 (wrongful confinement), 506 (criminal intimidation), 509 (insulting modesty), 354A (sexual harassment), and 376(2)(f) (rape) IPC, along with Sections 3 and 4 of the POCSO Act for penetrative sexual assault. The Court invoked Section 222 of the Code of Criminal Procedure to convict the accused for the minor offence of penetrative sexual assault under POCSO, despite the trial court not framing this specific charge.
In imposing sentence, the Court declined any leniency despite the accused’s advanced age, underscoring the lifelong trauma inflicted upon the victim and the imperative of upholding societal faith in the criminal justice system. The accused’s interim bail was cancelled and a warrant issued for his arrest.
This judgment reaffirms the judiciary’s commitment to protecting children from sexual offences and sends a strong message against abuse of spiritual authority. The acquittal of co-accused due to insufficient evidence also underscores the necessity of proving mens rea and criminal conspiracy beyond reasonable doubt.
Bottom Line:
Conviction and sentencing upheld for self-styled godman under charges of rape, penetrative sexual assault, wrongful confinement, and criminal intimidation of a minor girl under IPC and POCSO Act. Appeals of co-accused allowed, setting aside convictions for lack of evidence of criminal conspiracy.
Statutory provision(s): Indian Penal Code Sections 342, 370(4), 376(2)(f), 506, 509, 120B, 354A; Protection of Children from Sexual Offences Act Sections 3, 4, 5(g)/6, 7/8, 29; Juvenile Justice (Care and Protection of Children) Act Section 23
Asha Ram @ Ashumal v. State, (Rajasthan)(DB) : Law Finder Doc id # 2907616
