The court confirmed a 10-year sentence for Brahmanand Saraswati, convicted of repeated rapes on a minor girl, with DNA evidence establishing paternity of a deceased child.
In a significant judgment, the Jammu and Kashmir and Ladakh High Court, under the bench of Justice M.A. Chowdhary, has upheld the conviction and 10-year rigorous imprisonment of Brahmanand Saraswati, a self-proclaimed godman, for the repeated rape of a minor girl. The decision, dated August 12, 2026, reinforces the trial court's findings, emphasizing the compelling DNA evidence that confirmed Saraswati as the biological father of a deceased child delivered by the victim.
The case, originating from an FIR lodged in October 2018, involved Saraswati, who had been residing adjacent to the victim's home and was revered as a spiritual guru by her family. The victim, a minor suffering from dwarfism, accused Saraswati of drugging and repeatedly raping her under threats of violence against her family. The horrific acts resulted in the victim's pregnancy and the birth of a stillborn child.
The prosecution's case was fortified by DNA profiling and credible witness testimonies. The DNA evidence played a pivotal role in affirming the accused's paternity of the deceased child, thereby supporting the charge of rape. The court rejected the appellant's arguments challenging the evidence's reliability, including claims of procedural lapses and delayed FIR filing. Justice Chowdhary noted that the delay was understandable given the threats and societal pressure faced by the victim and her family.
The court also dismissed the appellant's contention regarding contradictions in the victim's statements and the alleged unreliability of witnesses. Justice Chowdhary highlighted that the victim's testimony, combined with the corroborative DNA evidence, was sufficient to sustain the conviction. The ruling underscored the gravity of the crime committed by Saraswati, noting the abuse of his revered status and the vulnerability of the minor victim.
Despite Saraswati's advanced age, the court found no grounds for leniency, asserting that the heinous nature of the crime warranted the sentence imposed by the trial court. The absence of an appeal by the state against the sentence's adequacy prevented the court from enhancing the punishment further.
This judgment serves as a stern reminder of the judiciary's commitment to upholding justice for victims of sexual violence, particularly when involving abuse of trust and authority by individuals in positions of influence.
Bottom Line :
Conviction under Section 376 RPC upheld for repeated acts of rape by a godman on a minor girl suffering from dwarfism, corroborated by DNA evidence and credible witness testimony.
Statutory Provision(s):
Section 376 RPC, Section 4 POCSO Act, Section 164 CrPC, Section 161 CrPC, Section 164A CrPC, Section 342 CrPC
Brahmanand Saraswati v. State of J&K, (Jammu And Kashmir And Ladakh) : Law Finder Doc id # 2959977
