Former chief minister B S Yediyurappa argued earlier than the Karnataka Excessive Court docket Saturday that the one-year interval, to finish the trial in a sexual assault case in opposition to him, mandated by Part 35 of the Safety of Kids from Sexual Offences (Pocso) regulation after taking cognizance of the offence has not but begun.
Amongst different factors raised by Yediyurappa was the truth that the complainant on this case had made a number of complaints in opposition to senior officers, the police, and her relations as effectively. The case is at the moment being heard by a Single Choose Bench of Justice M I Arun.
The case was based mostly on the criticism by a girl who accused Yediyurappa of inappropriately touching her daughter once they visited him in February 2024 to hunt assist concerning an earlier occasion of sexual assault. The Bengaluru police filed a First Info Report (FIR) on March 14 that 12 months.
Whereas trials in Pocso instances are required to be accomplished inside one 12 months of taking cognisance of offences, authorized challenges have delayed them on this occasion.
Beforehand listening to this petition by Yediyurappa, Justice Pradeep Singh Yerur had this March stayed the cognizance in addition to the summons for Yediyurappa to seem earlier than the trial court docket in individual.
Arguing on behalf of Yedyurappa, senior counsel CV Nagesh said, “35(2) stipulates disposal of the case from the date of framing expenses within the case…trial commences on framing of expenses. Cognizance itself stands stayed.’
On the prior complaints filed by the alleged sufferer’s mom, who can be the complainant on this case, Nagesh argued, “She has been within the behavior of submitting criticism after criticism in opposition to a number of individuals together with the highest bureaucrats of the state in addition to senior police.” He additionally highlighted a number of complaints that had been filed in opposition to relations. He, due to this fact, stated “her grievance on this criticism in opposition to the petitioner earlier than your lordship has acquired to be seen, learn or accepted with a pinch of salt.”
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By means of rebuttal, Particular Public Prosecutor Ravivarma Kumar stated, “All these submissions had been made within the first innings the place the sooner cognizance was taken, ” referring to the sooner petition earlier than Justice M Nagaprasanna, who had ordered a contemporary cognizance to be taken within the Pocso case this February.
He added, “There’s an categorical declaration that every thing previous to the cognizance is legitimate. The matter that was remitted was to use thoughts and take cognizance.”
Among the many different arguments raised by Nagesh was the query on the delay in lodging the criticism, because the complainant had met the Commissioner of Police on the identical day of the alleged incident.
The matter was adjourned after listening to arguments and is ready to be heard once more on September 2.