31st March 2016 – Breaking news – “The Sessions Court dismissed all charges against Raghaveshwara Bharathi, pontiff of the Ramachandrapura Mutt, in a sensational rape case.”
At the Hinduism Now both the legal team as well as the investigative journalists studied the detailed 119 page judgment on this case given by the Hon’ble Judge. The sentiment was captured in a comment from a senior legal analyst, “Very precise, yet very commonsense,no beating around the bush.”
We at The Sensible Indian believe in hard-core investigative journalism – no opinions without indisputable proofs of facts.No bias or prejudice, pure scientific and logical analysis only. Let the truth stand the acid test of our investigation.If it stands, it is the Truth – which we present to the world for the people to analyse and conclude.
Following the confession of Hansraj Saxena, top brass and COO of Sun TV since its inception(reported on The Sensible Indian at http://hinduismnow.org/blog/2016/02/17/nithyananda-video-is-a-fake-sun-tv-coo-hansraj-saxena-confesses/) we have been closely tracking the Swami Nithyananda case. Few days back, you would have seen a summary analysis presented by us on the case in http://hinduismnow.org/nithyananda-the-conspiracy-timeline.
There are quite a few startling, puzzling, shocking events to say the least. As we were going deeper into the facts of the case, along comes this judgment of an entirely uncannily similar accusation against a Hindu leader-both so called scandals are like two chapters out of the same book. So we are now adding to our analysis a juxtaposition of the two cases to make it a complete and comprehensive analysis, both for the layman to read as well as an academic to study.
-The Sensible Indian Editorial Team
What is the Nithyananda scandal all about? What is the rape charge against Swami Nithyananda?
Is he involved in crimes of moral turpitude?
Or was he the target of a conspiracy…as other Hindu leaders are of late?
We will let the facts speak for themselves and let you decide
Conclusion of a thorough multi-angle analysis of the Court orders, scientific reports (medical, forensic, etc), facts, evidences, statements, logical questioning, and commonsense analysis:
The case against Swami Nithyananda alleging acts of rape and sexual assault by him is FALSE.
The medical report of Swami Nithyananda show he is not capable of performing a sexual act, forget raping or sexually abusing anyone.
In 2012, the medical reports of the alleged victim of rape were summoned by the USA Court (as she is a USA citizen) from the University of Michigan hospitals where she had been undergoing treatment since at least 2004.
|“produce any and all medical records, reports, and test results from 2005 through 2010 regarding patient ArathiRao, D/O/B:12/23/1973, Address: 3118 Village Circle, Ann Arbor, MI 48108”|
But we had in front of us news reports that the alleged rape victim claimed to some sections of the Indian media that the medical records were false and fabricated.
So could the medical records be authenticated? Who would best know the veracity of the records – the doctor (personal physician as they are referred to in USA) who treated her.
We got access to the affidavit proof that the personal physician of the alleged rape victim had authenticated the medical records to be submitted to the Court as per the summons.
Now that the veracity of the medical report was established, we can see what the medical records have to say.
The authenticated verified reports show she has 4 highly contagious, incurable STDs since at least 2004, which is a year before her first alleged rape in 2005.
Swami Nithyananda’s medical report of the tests conducted on him by the CID (Crime Investigation Department) wing of the police shows he never had any STD.
It is medically IMPOSSIBLE to have not contracted the highly contagious STD – Genital Herpes – if any sexual encounter, rape or consensual, had indeed happened as the STD is 40% more contagious than even HIV, and more importantly, it does not even need sexual intercourse to get transmitted, but can spread just through saliva or the fluid in the blisters anywhere in the body.
The alleged rape victim’s medical record even goes on to state that she had the outbreaks of the STDs every month. So there is no chance that Swami Nithyananda would not have been infected with the STD if he really had any type of sexual relationship with her, especially as often as she claims- more than 120 times.
This itself shows all the 120 alleged incidents of rape and oral sex are patently false, bogus and sinisterly motivated (we will come to the sinister motives in a bit).
The statements of the alleged rape victim are contrary to the factual evidences. To give one simple, direct evidence: Alleged rape victim claims she was raped on 1 December 2005 in Salem in India. But her USA Court summoned medical records from the University of Michigan (where she has been undergoing medical treatment for relief from her STDs) substantiated as true by her treating physician, says: On the same day (30 November 2005 in USA because of the 12 hour time difference) she was in USA with her doctor on a medical appointment for her STD and in her own words, “leaving tomorrow for a 4-month visit to India”.
So the earliest she could have reached India is 2 December 2005, leaving on 1 December 2005 from USA.
And this is not all. Interestingly, Swami Nithyananda was not even in Salem on 1 December 2005.
How such a big blunder in the date of the alleged rape?One would expect that AarthiRao and her cohorts would have done some research before releasing the 120+ allegations story. A non suspecting, logical person might think it’s impossible to make up such a detailed statement. We did too until we found that the alleged rape victim managed to gather the locations and dates of all her incidents of rape from the public program calendar of Swami Nithyananda. The program schedule was publicized on Swami Nithyananda’s website, accessible to all.
The website says he was in Salem for an International Spiritual Conference as well, yet the photo records show he was in Bidadi, Bangalore. How could this be possible?
As we were trying to decipher this, the digital expert of our investigative team had a fundamental question:
Was the webpage the same in 2005 as it was in 2010?
We got access to the authenticated version of this webpage as it existed way back in 2005.
The website then matched with the photo and video records of Swami Nithyananda – he was in Bangalore for the English program “Nithyananda Spurana Programme”, attended by 100s of people and not in Salem for the “International Spiritual Conference”.
So what went wrong in the story of the alleged rape victim?
The alleged rape victim wrote up her whole (fairytale?) rape chronicle based on the dates and events of Swami Nithyananda’s public program calendar—albeit a mistake riddled calendar–which has always been publicly available on his website since as early as 2003 when he started his mission!
Now that explains the 120 alleged incidents of rape – and also why there were “some minor blunders”, “some date changes” and revisions in her statement to the police which she claimed were due to “lack of memory”. It’s one thing to forget a date; but it’s quite another to forget that you were in another country (US) than the alleged perpetrator (India) at the time of the alleged rape.
The alleged rape victim’s extremely detailed medical records show her admitting to her personal physician on 3rd June 2010 (after her last alleged incident of rape in 2009) she is “concerned she had exposure to a new partner 1 year ago” and “wonders if through oral sex or that episodes of vaginal intercourse she was exposed to sexually transmitted disease.” This is the same person who claimed to be a “traditional Indian woman”!
Now, also remember (because this can get confusing) the alleged rape victim claims she was raped over 120 times by Swami Nithyananda from 2005 to 2009, and he had been her “partner” till 2009 – she claims she realized she was being ‘raped’ only in 2009 when she allegedly saw Swami Nithyananda with ‘another woman’ in the morphed video, so till then he was her ‘consensual partner’ apparently.
So Swami Nithyananda cannot be the “new partner” referenced in the medical report.
And it can’t be her husband obviously as there is nothing “new partner” about it.
If Swami Nithyananda is not her “new partner”, her husband is not a “new partner”, then who was the new partner? Whomever it is, this just shows the character and illicit and immoral lifestyle of Aarthi Rao who claims to be a “traditional Indian woman” as that is the only pivot for her allegations, the rest being factually disproved.
Now what kind of “traditional Indian woman” will go around sleeping with another man right after allegedly being raped?
The alleged rape victim was never raped by Swami Nithyananda. As her authenticated medical records show, she had extramarital affairs with at least one HIV positive man though, which is why she herself had to be tested for HIV—as per the medical reports.
The alleged rape victim had as late as July 30, 2009 (after the last instance of her alleged rape) sent a detailed email to Swami Nithyananda’s secretary about her conversation with her accomplice Vinay Bharadwaj, now a convicted child rapist sentenced to nearly5 years in prison for multiple counts of serious child abuse in USA. The email is clinching evidence to prove the allegations of rape to be concocted as the alleged rape victim herself categorically admits that she was not sexually abused in any way by Swami Nithyananda and also she didn’t even know of anybody else who was subjected to any sort of sexual abuse by Swami Nithyananda.
Interestingly, the email also has the alleged rape victim expressing concern over the possibility of false cases being foisted on Swami Nithyananda and uncannily revealing the very modus operandi that would be used in the next couple of months to ignite a media firestorm and frame the false case around him:
Alleged rape victim’s email:
Question from Vinay Bharadwaj to Alleged Rape Victim: “Swami has had relationships with many women…
Have you had any such experience?”
Direct Response from Alleged Rape Victim to Vinay Bharadwaj:
“I have no direct knowledge of any of these things you are saying. In all my personal experiences, nothing like this has happened to me.”
Further Statements in email by Alleged Rape Victim
This by itself disproves the whole allegations and charge of rape as baseless as the alleged rape victim herself admits in her own email, which was also produced as Court evidence, that no kind of sexual relationship itself existed between her and Swami Nithyananda. Then where is the question of she being raped over 120 times?
The accomplice Vinay Bharadwaj was convicted of child rape.
In a desperate attempt to avoid criminal prosecution and jail for his crimes against a minor NRI girl, Vinay Bharadwaj concoted the same false case on Swami Nithyananda in USA alleging unnatural sexual abuse. The USA Court dismissed this false case, seeing the blatantly false and malicious nature of the case and even orderedVinayBharadwajto pay the entire fees and court proceeding costs to Swami Nithyananda and the US organizations.
Our investigative team went through all the materials on record in the case, starting from the genesis of the case – the complaint against Swami Nithyananda. The entire First Information Report (FIR) and complaint even if accepted at its face value, do not disclose the ingredients of the alleged offence.
The complaint is filed by one Lenin Karuppan, an accomplice of the alleged rape victim.
There is no mention of even the word ‘rape’ in it. There is no rape victim even named in the complaint. Legal experts disclose that this is the first case in the history of independent India that a case of rape has been filed with no victim, named or unnamed!
If at all there can be any interpretation of anything close to sexual offence in the complaint, it is the reference to a video showing Swami Nithyananda allegedly with an actress in an intimate position. The video itself is false and fabricated for ulterior motives has been proved by:
Top television channels like Aaj Tak and Vijay TV were ordered to apologize for airing the baseless defamatory video.
On this basis alone, the entire complaint needs to be quashed lock, stock and barrel.
The alleged rape victim came to give her ‘witness statement’ to the police rather than register a complaint. Analyze this – if a woman is raped, will she register a complaint to the police or will she wait to ‘tag on’ with somebody else and make a ‘witness statement’ in the other person’s complaint? Bizarre though it may sound, that is exactly what happened in the case of Swami Nithyananda. Lenin Karuppan is the complainant whose complaint makes out NO offence but the media creates a frenzy around the morphed video and paints a dark picture around it. The alleged rape victim adds on to the weak case her ‘witness statement’ rather than file a fresh complaint. Why? She is not under oath or bound by her witness statement. She knows her complaint won’t stand given the number of STDs she has been having since before she even met Swami Nithyananda? On the basis of complaint and FIR not making out a crime itself, the whole case can be dismissed as untenable.
The alleged rape victim gave her false statement to the police after morethan 1 and half years from the date of the last alleged incident!No evidence, no witnesses, no substantiation, only counter evidences. There is a colossal delay of more than six years from the date of first alleged act of sex did and one and half years from the date of last alleged act of sex. To condone the delay exceptional grounds must be shown and it is mandate of law. A highly educated woman, BITS Palani graduate, who has even lived abroad claiming she was led to believe having sex with her guru, traveling thousands of miles to be raped more than 120 times, would lead her to enlightenment is unbelievable to say the least.
As the Hon’ble Judge in the Raghaveshwara Bharathi case put it, “It is cock and bull story unbelievable and opposed to common sense and apparently appears unnatural…The prosecutrix must be hen peacock or weak minded or timid or not exposed to external world, no such qualities being shown in her to accept it. So, the complaint hits at large.
Women having this type of character always afraid of doing wrongs and conscious about doing, if anything happens or goes wrong on the very next moment rectifies and correct it and mend her manners. If anybody tries to misbehave with her, react sharply in no time and get irritate, such women never enterprises to have sex…”
Notably also, no exceptional circumstances of threat (imminent danger from the hands of Swami Nithyananda and his men to herself and her family members) are being shown to condone the delay in making the complaint. It is also to be noted that the residence of her parents is only few kilometres from the ashram, so they were very much reachable in case of any emergency, if at all.
Any incident of rape has the medical test of the victim as a mandatory requirement. But the police have taken the medical test of the alleged rape victim as just a physical exam, specifically avoiding blood examination which is fundamental to getting evidence, be it semen stains or physical DNA evidence.
Was it because the blood examination would reveal the alleged rape victim’s STDs?
This itself cannotbe accepted without corroboration and by itself proves the falsity of the allegations of rape.
There is no material evidence against Swami Nithyananda. In fact, there are only clinching evidences, each independently strong enough to exonerate Swami Nithyananda.
If her story of ‘realization’ of rape happening in 2009 were true, why would she bring her husband to take blessings from Swami Nithyananda? This itself proves all the allegations of rape by the alleged victim are patently false and fabricated.
Add to it the alleged rape victim’s claims to be a ‘traditional Indian woman’ and the whole charge collapses right on its face.
The alleged rape victim is on record with multiple emails even as late as 2010 (after her last instance of alleged rape) expressing her gratitude to Swami Nithyananda and wanting to serve his mission to do good to the world.
— On Thu, 5/11/06, Nithyananda Premeshwari
From: Nithyananda Premeshwari <email@example.com>
Subject: Re: [Acharyas] A poem as gratitude
Date: Thursday, May 11, 2006, 2:28 PM
The poem is simply beautiful…. brings tears as i read it, because it is so true and I’m sure many of us feel exactly the same way, but you have put it so nicely! Wonderful!!
Thank you for sharing it!
Thanks also for sharing your experiences at the Lil Ananda prg… it was intersting and inspiring to read it all… glad u sent a long email and wrote in depth! 🙂
Everytime I read about anyone’s experiences or expessions of gratitude, I am reminded of how fortunate and blessed we all are to have the Master’s grace in our life. Much as I would like to share my gratitude and experiences, nothing seems to come out as words/poems!! 🙁 I’ve stopped trying, since it should just happen, and it will whenever Master wills it!
Much love and gratitude to each and every member of the Nithyananda family!
— On Mon, 6/12/06, Nithyananda Premeshwari Mayi
From: Nithyananda Premeshwari Mayi <firstname.lastname@example.org>
Subject: [Acharyas] A poem… or is it?!
Date: Monday, June 12, 2006, 3:33 PM
I wouldn’t call this a poem… just a few words that came
from my heart and felt like sharing. 🙂
A Place I Had Never Been
I long for a passing glance from you,
I long to see your beautiful, warm and loving smile.
Oh! How it brightens my world instantly, and
takes me to a place I’d never been before!
I could spend all day in hell
as the happiest person there
if I knew it would buy me
a few moments in your arms!
How I wish to be enveloped by you…
for it takes me to a place I’d never been before!
A place that is out of this world,
a place so serene like the Himalayas,
so beautilful like a valley of bright flowers
so mesmerizing like the Niagara and yet
so calm like the deep blue ocean!
A place that’s all this and much more,
a place that fills me with bliss,
fills me with love, fills me with peace and joy,
a place I never knew existed,
a space I never experienced,
until I met you, O Nithyananda!
Is this what they call Heaven?
For it truly feels like Heaven,
when I’m in this space,
and nothing else matters anymore!
On Fri, Feb 12, 2010 at 7:17 PM, Premeshwari Mayi Nithyananda
Nithyanandam Ma Sivananda,
Sorry I missed your call the other day. 🙁 Think I was in the shower and didn’t hear your message until much later. I got back recently from India, and Manickam had a second surgery in his foot the day I arrived. He is doing ok now, back to work, etc. I’m finally settling back into Ann Arbor after jet lag and Manickam’s recovery.
How are things in Columbus. You must be really busy now with Ayya’s visit and today’s Shivaratri programs. Wish I could have come today. But things have been quite crazy at home between Manickam and myself. Its a long story, and I don’t want to repeat it anymore (working on unclutching from it and getting past it)!
Basically, Manickam has asked me to stop being involved with Dhyanapeetam and Life Bliss Foundation! 🙁 All because of some anonymous letter from some random ex-Nithyananda person!! After many fights, debates, arguments and discussions, I had to agree to a compromise to keep some peace at home! The compromise was to stay out of all organizing or any related activities for at least for the next 6 months! The only thing he agreed on is me doing my own personal practice of yoga and meditation. 🙁
I was really looking forward to helping Ravikumar with all the activities here, for Ayya’s visit and Swamiji’s return in September! But at this point it looks like I am not going to be able to do anything at all. Its very depressing sometimes, and meditating on Swamiji helps me stay sane! I mentioned to Gopika about this situation, she said Swamiji will take care. So I am hanging in here, waiting for the situation to improve… hopefully sooner than 6 months! Lets see… keeping my fingers crossed and waiting for Master’s miracle.
OK ma, you take care. Lots of love and hugs to you, Nat uncle, Bodhanaa and everyone else!
On Mon, Feb 15, 2010 at 11:52 AM, Premeshwari Mayi Nithyananda
Dear Ma Sivananda,
Nithyanandam! Thank you so much for your sweet email. You are absolutely right about the sakunis and dhuryodhanas that are ruining people’s minds and lives! 🙁 As you said, I’m just hanging in here, unclutching & waiting for this to pass. Swamiji has often told me that Manickam is my tapas… and I feel that tapas is taking me to the next stage of churning! 🙁
Anyways, I mentioned to Manickam about meeting you when you visit Detroit (I would love to). He said he likes you and has nothing against you personally. But he definitely doesn’t want me to meet anyone or talk to anyone from Dhyanapeetam, for next 6 months!! He was very adamant about it and refused to give in to my pleads or my anger! 🙁 Looks like I won’t be able to meet Ayya or go for his satsang in Detroit!
I’m glad we can write at least. Take care ma.
Now for some “elementary” logic on the background and profile of the alleged rape victim. She is a post-graduate degree holder with her graduation in engineering at BITS Pilani, Rajasthan, followed by a Master’s degree in USA. She has seen the world literally. She is a married woman and in her words a “traditional Indian woman” at that. Such a modern woman claiming she was led to believe that having sex with her ‘guru’ who she related with as her son, can lead her to enlightenment is not tenable at all.
By her own admission, she was not kept under duress or captivity by Swami Nithyananda from the date of first act of alleged sex in 2004 and raped her continuously and repeatedly till 2009. Neither did Swami Nithyananda go to her for any reason, it was she who kept going each time to him, getting on a plane, travelling thousands of miles, to be allegedly raped over 120 times. If she was indeed forced to do so, why didn’t she tell anybody, not even her husband, about it?Husband is her legal guardian and protector. A married woman if having a sexual relationship with another man over 120 times is nothing but adultery and licentious behaviour on her part, not rape on the man’s part.
As the Hon’ble Judge in Raghaveshwara Bharathi case would observe, and which facts are exactly the same in the case of Swami Nithyananda,
“she went to the accused wherever he was, in no instance, had accused gone to her did a sex with her, in no instance accused called her on his mobile phone or sent his men to call her and committed a rape on her. Itis the most unnatural to accept the case of theprosecution that the woman who is a victim of rapeintermittently, extremely, voluntarily goes to hunter orrapist. This say is quite contrary to human notions,conduct and improbable and impossible to accept it.
“Prosecutrix has failed to give an explanation of any compelling reason for going to him or meeting the accused repeatedly, after alleged first incident of rape. The prosecutrix is mentally matured (not born idiot), unthinkable nature about others say and its nature.
She is a woman of fidelity to her husband, God fearing and chaste woman. The Prosecutrix is not a simpleton or of dullard woman and no knowledge of external world to cheat her easily by anyone including Mathadipathi.
“He did act of sex with her without illegal detention by him or his captivity. After having did a sex with the accused Mathadipathi, she returned home and led not only worldly life with her family members, but led a marital life with her husband without any complaint.
“What was the exceptional and extraordinary circumstance to prevent her from lodging the complaint immediately on a first, or second or third occasion like imminent danger to herself and her family members from the hands of men of accused Mathadipathi to accept her say. The man may cheat once, twice or thrice but, not always continuously. As told above, she is awoman of God fearing and faithful to her husband. The woman of such character never surrenders to any man even including Mathadipathi, definitely offers resistance and stops pay visiting the accused Math and attending.
“The women who are trusted to their husbands, or God fearing or chaste women and never astray from the path of rectitude, the women of such character never share the bed with other than their husbands. The women are such character never carries away by their appreciation of person or lured by money. The women with above such character always follow a Dharma. The saying that goes ‘Sathi Dharmada munde Yathi Dharma naganya’. No scope for the place of literature in judiciary, but, the circumstances in this case warrants or calls for to mention it. If we accept the saying, the basic structure and foundation of the society on which now stands fails and collapse, become a chaotic.
“It is not the section that determines the nature of the offence, but, it is the sum and substance of the allegation that will determine the nature of the offence being committed. It is the bounden duty of the Judge or Magistrate to find out the alleged offence actually accused committed on the material allegations leveled against him.”
No pre-hatched conspiracy would have planned for the medical impotence of Swami Nithyananda. In the Swami Nithyananda case, the story of rape or let alone a sexual affair falls flat, given that the medical records of Swami Nithyananda quantitatively prove that his male hormone levels are extremely low, so there is no libido or sexual drive itself in the first place.
Medical reports show that not only psychologically is Swami Nithyananda not capable of a sexual act (i.e. he has no desire for sex), but also physiologically itself, he is not capable of a sexual act as his penile blood flow is “insignificant” and hence he is incapable of having an erection in the first place.
The non-examination of material witnesses, non-production of statements of some material witnesses recorded in the course of investigation, ‘improvisation’ of the alleged victim’s statement are proof enough of the false and motivated case demonstrating unfair and biased investigation leading to violation of Article No.21 of the Constitution. Other than the statements and further modifications of the statement of the alleged rape victim, there is no shred of evidence or material on record or witness to substantiate the claims of alleged rape by Swami Nithyananda.
The recording of statements of prosecutrix is against the concept and the law propounded by the Hon’ble Supreme Court of India in AIR 1977 SCC 349. The ratio of the authority speaks that any statements recorded by supplementing or adding or suppressing or modifying after twenty four hours of registration of a crime would amount to fabrication or concoction. This is the serious infirmity that collapses the false case.
A USA Court has already ruled the case of the alleged rape victim is false and in fact has put a fine of over half a million dollars on her for destroying the character and life of Swami Nithyananda.
She now faces multiple bench warrants in USA and faces imminent arrest as soon as she sets foot in USA.
So a Court of similar jurisdiction in USA has already ruled that the case of the alleged rape victim is false. This itself shows the case in India has to be closed as false as well.
The false complaint of rape by the alleged victim is not a genuine one but motivated. She is not the victim but actually the perpetrator of crimes. She is facing trial in the Court of Chennai along with all her accomplices – Lenin Karuppan, Sun TV officials, Tamil tabloid Nakkeeran editors.
Her passport has been confiscated by the Court so that she does not escape out of the country to her home country USA where she also faces arrest and prosecution.
Her accomplice Lenin (aka “new partner” referenced in her medical reports) was put in jail for 108 days, his anticipatory bail was cancelled as his role in the conspiracy was seen to be big.
The false rape victim, sends and email communication to a detective in Ann Arbor Police Department, on Monday, October 08, 2010 00:33 where the detective was asking for some clarification regarding her complain against Paramahamsa Nithyananda.
Facts I am aware of :
- I gave 2 complaints to Ann Arbor Police department, 1st complaint was in 2010, and 2nd complaint was in 2011.
- I did NOT file a complaint with Ann Arbor police for Sexual Abuse by Nithyananda Swami.
Then the question arises, why is she alleging rape, and what is she expecting from the police? Is this abuse of law enforcement bodies of the state?