SC directs Gujarat HC to decide Narayan Sai rape case appeal in 3 months
Synopsis
Key Takeaways
The Supreme Court on Friday, 7 August declined to interfere with the Gujarat High Court's order refusing to suspend the sentence of Narayan Sai — convicted son of self-styled godman Asaram — in a rape case, while directing the High Court to decide his pending criminal appeal preferably within three months.
What the Supreme Court Ordered
A Bench of Justices M.M. Sundresh and Prasanna B. Varale disposed of Sai's special leave petition (SLP), in which he had challenged the Gujarat High Court's refusal to suspend his sentence. The apex court stopped short of granting any relief but urged the High Court to hear and decide the appeal 'as expeditiously as possible, preferably within a period of three months.'
Why the High Court Had Refused Bail
In its order dated 4 May, the Gujarat High Court — a Bench of Justices Ilesh J. Vora and R.T. Vachhani — had held that it was 'difficult for us to come to a prima facie conclusion that the applicant-convict has a fair chance of acquittal.' The court observed that once a person stands convicted of a serious offence, 'the presumption of innocence would no longer exist.'
Notably, this was Sai's fifth successive bail application before the High Court. The court found that Sai had 'himself contributed to the delay in disposal of his appeal by repeatedly pursuing bail applications instead of pressing for final hearing,' adding that 'the convict himself has created a situation for his long incarceration.'
Background: The Conviction and the Survivor's Account
Sai was convicted by a Surat trial court on 30 April 2019 for the repeated sexual assault of a woman devotee. He was found guilty under Sections 376(2)(c) (rape) and 377 (unnatural offences) of the Indian Penal Code and sentenced to life imprisonment, with all sentences to run concurrently.
According to the prosecution, the survivor first came in contact with Sai during religious discourses at the Surat Ashram in 2001. She alleged that he sexually assaulted and repeatedly exploited her at different ashrams in Bihar, Surat, and Gambhoi between 2001 and 2004. The FIR was lodged in October 2013, after, according to the prosecution, she gathered courage following the arrest of Sai's father, Asaram, in a similar sexual assault case.
The Gujarat High Court had accepted the trial court's finding that the survivor's testimony 'inspired confidence' and that the delay in lodging the FIR was satisfactorily explained given the influence wielded by Sai and his father over their followers.
Arrest and Incarceration
Narayan Sai was arrested by the Delhi Police near the Punjab-Haryana border in December 2013 after remaining on the run for a period. He has since been incarcerated, and his criminal appeal against the 2019 conviction remains pending before the Gujarat High Court.
What Happens Next
With the Supreme Court's directive now on record, the Gujarat High Court is expected to schedule final hearing of Sai's appeal on priority. The three-month window, if adhered to, would bring a degree of closure to a case that has wound through the courts for over a decade. Any outcome — acquittal, confirmation, or modification of sentence — is likely to draw significant public attention given the profile of those involved.