3 weeks ago
SC Asks Gujarat HC to Decide Narayan Sai's Rape Appeal
A man named Narayan Sai hurt a woman who came to his religious meetings, and a court decided he was guilty of this very serious crime.
Because of that, he was sent to prison for the rest of his life.
Sai wanted to leave prison while his case was looked at again, so he asked the judges many times.
The judges said no, because they believed the woman's story and said that someone found guilty of a serious crime is no longer considered innocent.
They also said that Sai himself made the case take a long time by asking for favors again and again instead of letting the court finish.
Sai then asked the highest court in the country, called the Supreme Court, to help him.
The Supreme Court also said no.
But it told the Gujarat High Court to hurry up and finish deciding his appeal within three months.
This means the case should be settled soon, one way or another.
Courts try to be fair to everyone, even people who have been found guilty.
The Supreme Court declined to interfere with the Gujarat High Court's order refusing to suspend Narayan Sai's sentence in a rape case.
The apex court requested the Gujarat High Court to hear and decide Sai's criminal appeal against conviction and sentence within three months.
Sai had challenged the High Court's rejection of his fifth successive application seeking suspension of sentence and bail pending his appeal.
The Gujarat High Court held that Sai had no fair chance of acquittal and had himself contributed to delays by repeatedly filing bail applications instead of pressing for a final hearing.
Narayan Sai, son of self-styled godman Asaram, was convicted by a Surat trial court on April 30, 2019, and sentenced to life imprisonment for sexually assaulting a woman devotee.
- Who
- Narayan Sai, son of self-styled godman Asaram; the Supreme Court bench of Justices M.M. Sundresh and Prasanna B. Varale; and the Gujarat High Court.
- What
- The Supreme Court declined to suspend Sai's sentence but requested the Gujarat High Court to decide his criminal appeal within three months.
- Where
- The Supreme Court in New Delhi; the Gujarat High Court; the Surat trial court where Sai was convicted; his arrest occurred near the Punjab-Haryana border.
- When
- The Supreme Court order came on a Friday; the Gujarat High Court had passed its order refusing to suspend the sentence on May 4.
- Why
- Sai, convicted of repeatedly sexually assaulting a woman devotee and sentenced to life imprisonment, challenged the High Court's refusal to suspend his sentence pending the disposal of his appeal.
Courts and prosecution
Narayan Sai's defence
Suspension of sentence and bail
Courts and prosecution
The Gujarat High Court and Supreme Court held that once a person is convicted of a serious offence, the presumption of innocence no longer exists, and Sai had no fair chance of acquittal.
Narayan Sai's defence
Sai argued that his prolonged incarceration justified suspending his sentence and granting bail pending the disposal of his appeal.
Delay in disposal of the appeal
Courts and prosecution
The High Court held that Sai himself created the situation of long incarceration by repeatedly filing bail applications instead of pressing for a final hearing, and that he was 'not interested at all' in an expeditious hearing.
Narayan Sai's defence
Sai's repeated applications were a form of seeking judicial relief, and he pursued a special leave petition before the Supreme Court challenging the High Court's orders.
Key facts
- Convict
- Narayan Sai, son of self-styled godman Asaram
- Conviction date
- April 30, 2019, by a Surat trial court
- Sentence
- Life imprisonment, with all sentences to run concurrently
- Offences
- Indian Penal Code Sections 376(2)(c) (rape) and 377 (unnatural offences)
- Supreme Court bench
- Justices M.M. Sundresh and Prasanna B. Varale
- Gujarat High Court order
- May 4 - rejected the fifth successive bail application
- Appeal direction
- Decide the appeal preferably within three months
- Timeline
- FIR lodged in October 2013; Sai arrested in December 2013 near the Punjab-Haryana border
Quotes
Supreme Court Justice Chief
Judge of the Supreme Court of India
“The Supreme Court declined to interfere with the Gujarat High Court’s order refusing to suspend Narayan Sai’s sentence, but requested the High Court to make an effort to decide his appeal within three months.”
thehansindia.com
Sources
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