"Blind Faith Real Driver" – Bombay High Court Upholds Conviction Of God-Man For Raping Married Woman As Part Of Child Bearing Ritual

The 'god-man' was accused of asking the childless couple to perform sexual acts in his presence at least five times, in 2015. On one such occasion he raped the woman. Her unassuming husband was waiting on the terrace nearby after the god-man asked him to leave the room.

The High Court sentenced Yogesh Pandurang Kupekar to seven years imprisonment under sections Section 376 (rape), 354 (molestation) of IPC and Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

The court rejected the 'god-man's' lawyer's argument that it was highly improbable for his client to indulge in sexual acts with a woman when her husband is at such close proximity.

The court said that the evidence in this regard should be appreciated on "broad human probabilities."

The judge noted that there was sufficient proof of the woman's "deep faith" in the god-man, and only on account of such faith that the couple had sex in his presence "which could otherwise be quite embarrassing."

Further, the woman also knew about her husband's faith, therefore, it is probable that she might not have found anything unusual and might not have objected when her husband, was asked to go out, the court said.

"It is significant to note that the blind faith of the parties/victim on the accused is the real driver in such cases. The evidence in such cases has to be appreciated in the context of these peculiar circumstances."

Facts of the Case

The couple was married in 2013 and even after two years of marriage, they were childless. An acquaintance introduced them to the god-man stating that the god-man is a devotee of Macchindranath and several devotees were benefited by his grace.

The man promised the couple they would be blessed with a child. They would visit the god-man every Thursday. In May 2015, he advised them a 'Reiki procedure', in which they would be required to have sex in his presence. The man said he had his reservations but trusted his wife. This happened 5 times. The woman was finally raped in her own bedroom in 2016.

Following this a complaint was lodged and charge sheet was filed. Ten witnesses were examined during the trial. The god-man was sentenced to 10 years imprisonment on October 23, 2018. Pursuant to his conviction he filed the present appeal.

Arguments

The god-man's counsel argued that the couple is well educated and were allegedly visiting his client every Thursday, where several other devotees were also present. The god-man resided with his own family, so could have suggested such a procedure. He further argued that this was the woman's second marriage and earlier she had already conceived a child.

The APP argued that the evidence of the couple is consistent and inspires confidence. There is circumstantial evidence in the form of spot panchnama and recovery of articles which would show that the god-man was professing to be the devotee of Macchindranath and there were devotees who were assembling at his house every Thursday.