New Delhi, April 17: The Supreme Court on Monday set aside an order of the Rajasthan High Court by which it had summoned an IPS officer for recording his evidence in connection with an appeal filed by self-styled godman Asaram Bapu in a rape case.

The trial court had sentenced Asaram to life imprisonment in 2018 for the rape of a minor at an ashram in Jodhpur in 2013. In his appeal before the high court, Asaram has pleaded the victim's graphic description of the alleged crime scene -- Asaram private quarters or 'kutia' -- was influenced by a video recording of the place by the IPS officer when he was serving in Jodhpur. Asaram Bapu Convicted in Rape Case; Gandhinagar Court Finds 'Godman' Guilty of Raping Woman Disciple.

Asaram's counsel argued 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. Asaram Bapu Gets Life Imprisonment in 2013 Rape Case.

A bench of Justices Sanjiv Khanna and MM Sundresh said the impugned judgment is unsustainable and mistaken in both facts and law. The top court also asked the high court to take up the appeal filed by Asaram for hearing expeditiously as he has already been incarcerated for nearly 10 years.

"In our opinion, the impugned judgment is unsustainable and mistaken in both facts and law. The reasoning is based upon mere conjectures, and that too without appreciating the scope and object of Section 391 of the CrPC," the bench said.

Senior advocate Manish Singhvi appeared for the Rajasthan government in the case. The apex court said the reasoning given in the high court judgment to examine IPS officer Ajay Pal Lamba as a court witness cannot be sustained on the ground that he had purportedly recorded a video on his mobile phone as it is completely "inconsequential and irrelevant" to the factual matrix of the present case.

The top court said the prayer for leading additional evidence should be permitted to correct a bona fide error. “Right to speedy trial, including speedy disposal of an appeal, is not the exclusive right of an accused, but an obligation of the court towards the society in general, and the victim in particular.

“Balance between the rights of an accused and the interests and rights of an individual victim and the society, without compromising the right of the accused to a fair trial, has been highlighted by this court in various judgements,” the bench said.

The apex court said every criminal case is a voyage of discovery in which the truth is the quest. “The process of ascertaining the truth requires compliance of procedures and rules of evidence. In a well-designed system, judicial findings of formal legal truth should coincide with substantive truth.

“This happens when the facts contested are skillfully explored in accordance with the procedure prescribed by law. Further, in a criminal trial, burden of proof to establish the fact, which has to be proven beyond reasonable doubt, is on the prosecution,” the bench said.

It said the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice must be exercised for good and valid reasons necessitating the acceptance of the prayer.

Jaipur's Additional Commissioner of Police Ajay Pal Lamba was asked to appear as a court witness following the plea by Asaram's lawyers that a video recorded by him might have influenced the testimony of the teenager.

In his book, 'Gunning for the Godman: The true story behind Asaram Bapu's conviction', the then DCP (West) in Jodhpur had said he filmed the scene of crime on his mobile phone just in case it was needed during the investigation.

The video had been shown to the victim and was the basis of graphic description of the crime scene by her, the plea filed by Asaram before the high court claimed. The petition argued that till the publication of the book, the defence had no idea about the video.

Asaram's counsel had said the circumstances unequivocally supported the defence contention that the girl never entered the 'kutia' as alleged in the FIR and in the girl's subsequent statements. The public prosecutor, however, had cited a disclaimer in Lamba's book which said some parts of the story may have been dramatised.

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