BS Yediyurappa must face trial in POCSO Act case: State to Karnataka High Court

The Karnataka government Wednesday urged the Karnataka High Court to dismiss the petition filed by former Chief Minister and BJP leader BS Yediyurappa seeking quashing of the criminal case registered against him under the Protection of Children from Sexual Offences Act (POCSO Act) for alleged sexual assault of a minor girl in February last year..Senior Counsel Ravi Varma Kumar, who appeared for the Karnataka Criminal Investigation Department (CID), told single-judge Justice M Nagaprasanna that the offence of sexually assaulting a minor was a “heinous” one and hence, Yediyurappa should face trial in the case.“A quashing petition under Section 482 (of the Code of Criminal Procedure) in a case under the POCSO Act is not maintainable since there is a statutory assumption of guilt in such cases on part of the accused,” Kumar told the Court..The Court was hearing the final arguments on petition filed by Yediyurappa seeking quashing of the first information report (FIR) registered against him for the alleged sexual assault of a minor girl in February last year..The Senior Advocate also took the Court through the statement of the victim and a voice recording recovered from the survivor's phone allegedly containing a conversation between her mother and Yediyurappa after the victim had narrated the incident to her mother.In such recording, the mother was allegedly heard asking Yediyurappa why he sexually assaulted her minor daughter. The former Chief Minister can then be heard claiming that the girl was like his own granddaughter and he he had merely been checking her..Justice Nagaprasanna then remarked orally that there was “no reason for her (the victim’s mother) to question in this style if the incident had not occurred.”However, the judge said that the only issue was whether the Court can rely on statements recorded by investigating authorities under Section 161 of the CrPC.“This is all very clinching. But the question is, can 161 statements be relied upon? In my opinion it cannot be used by courts for quashing,” Justice Nagaprasanna said..Kumar then said that because of that, it was imperative that Yediyurappa faces trial and is examined and “interrogated” by a court.“Let him at least be interrogated. He has to face trial,” Kumar said while concluding his arguments.He also reminded the Court that February 2 will mark a year since the alleged incident took place..Justice Nagaprasanna however, said that the Court will conclude the hearing on the quashing plea and pass orders before February 2.The Court will hear submissions by Senior Counsel CV Nagesh on behalf of Yediyurappa on January 17..The case pertains to allegations made by a woman that Yediyurappa molested her 17-year-old daughter who had accompanied her on a visit to the senior BJP leader's residence to seek some help.The girl’s mother, now deceased, had lodged a police complaint on March 14, 2024, accusing Yediyurappa of having sexually harassed the girl. She had also said in her complaint that the former Chief Minister had tried to hush up the issue by offering her money.Based on such complaint, the police registered a first information report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) on charges of sexual harassment of a minor.In May last year, the complainant-woman died at a private hospital in Bengaluru.