'Calculated Move' By Former CM Yediyurappa To File Plea For Quashing POCSO Case After Complainant's Death: State To Karnataka HC

The Karnataka government on Wednesday told the High Court that former CM BS Yediyurappa's plea for quashing a POCSO case against him was 'calculatedly' filed after the death of the complainant.The State also pointed that there was a mismatch between the date on Yediyurappa's quashing petition and the date on his sworn affidavit, calling it a "gross abuse of process of law".It further submitted that for an offence of sexual assault under POCSO Act there is a statutory presumption in favour of guilt of the accused, and hence his plea for quashing will not lie. It also said that the FSL report indicated the genuineness of the video recording of the conversation between the complainant and the former CM where he allegedly gave her cash when he was confronted about the alleged incident. Justice M Nagaprassana was hearing the former CM's plea to quash a case registered against him under the Protection of Children From Sexual Offences Act (POCSO) Act. As per the complaint filed by the mother (complainant) of a 17-year-old girl, Yediyurappa sexually assaulted her daughter during a meeting in February last year, at his residence in Bengaluru. On March 14, 2024 the Sadashivanagar police had registered the case. Later, it was transferred to CID for further investigation which re-registered the FIR and filed a chargesheet.During the hearing Special Public Prosecutor Senior advocate Professor Ravivarma Kumar appearing for the State said, "This is gross abuse of process of law. Petitioner was keeping silent without proceeding against the complainant till her death. In all probability the petition was ready but they had their own apprehension. Petition is filed after the complainant's death. Petition is dated June 12, and it is sworn to affidavit one month earlier. This is not a petition verified by the said affidavit. The petition should be thrown away as it is not verified. It is calculated move by petitioner to move after death of complainant". He further said that the allegation against Yediyurappa is under Sections 7 (Sexual assault) and 8 (Punishment for Sexual assault) of POCSO Act.Kumar while referring to Section 29 said, "Unlike the normal foundation for criminal jurisprudence He is presumed to be guilty". Section 29 POCSO states that where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.Kumar thereafter referred to Section 30 which deals with Presumption of culpable mental state. "It is at the trial that he can establish, nobody else has seen it, there is no eyewitness. There is statutory presumption in favour of guilt of the accused," he said. "Parliament has declared that it is a heinous crime. Therefore, in light of presumption a sec 482 petition does not lie in POCSO cases. From the evidence placed on record the prosecution has made out a strong case unless he rebuts the presumption," Kumar said. Kumar thereafter referred to the victim's statement and said, "Yes gory details are given by the victim. The child came out crying after she protested about was happening".The court then orally asked why did the State not register the crime after the incident.To this Kumar said, "When she was 6 and half years old the husbands' relatives rape this victim at home and it is first POCSO case, for getting justice in that case she approached the accused. As the mother and child stepped out the child tells the mother on the footsteps of the coffee shop, adjoining to the accused house narrates about the incident. Immediately the mother rushed back and confronted the accused. Immediately after the girl protested in the room the accused removed cash and thrusted in her hand and after they come out he pays some more money to the mother. Fact of the matter is the whole conversation between the mother and Yeddyurappa was recorded by the child". At this stage the high court asked, "The conversation (was) recorded after they entered the second time?"Kumar explained that the conversation was recorded when the girl and her mother "reentered the room". "The recording is on the mobile phone purchased for the girl by her own brother. She has uploaded the recording to her google drive," he added.To this the court said, "In that recording there is reference to what petitioner did to the victim inside the room. So according to you if that incident did not happen why would the complainant (mother of victim) confront him (petitioner)?".When Kumar responded in the affirmative, the court orally asked, "This is the transcript of recorded conversation on the mobile?". "Yes. He (Yediyurappa) appreciated the complainant and even brought up D K Shivakumar in the conversation with the mother of the victim. I thought they both were at loggerheads. This fact about recorded conversation has been proved to...

'Calculated Move' By Former CM Yediyurappa To File Plea For Quashing POCSO Case After Complainant's Death: State To Karnataka HC

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