HC adjourns hearing on plea seeking Pocso case against BSY be quashed
Special Public Prosecutor presented the prosecution’s case, stressing the victim’s testimony and corroborative evidence.
Bengaluru: The Karnataka High Court on Wednesday deferred the hearing on a petition filed by former Chief Minister B.S. Yediyurappa seeking to quash a POCSO case against him involving allegations of sexual misconduct with a 17-year-old girl. The case has drawn significant public and legal scrutiny, with arguments intensifying over the merits of the allegations.
The bench, led by Justice M. Nagaprasanna, adjourned the hearing after considering arguments from both sides. Representing Yediyurappa, Senior Counsel C.V. Nagesh argued that the allegations were questionable. He highlighted the petitioner’s age, stating, “The petitioner, an 82-year-old man, faces accusations under circumstances that warrant careful scrutiny.”
Nagesh pointed to the complainant’s mother, who he claimed had a pattern of filing numerous complaints against individuals, including officials and politicians. “She has lodged about 56 complaints to date,” he said, questioning the credibility of her actions. The defence also raised concerns about the timing of the charge sheet, which was filed one and a half months after the alleged incident.
“The complaint alleges inappropriate conduct by the petitioner in a crowded setting. Such claims must be carefully examined,” Nagesh argued, adding that witness statements suggested physical limitations due to the petitioner’s age. “Witnesses have noted that the petitioner’s hands tremble, and he often requires assistance for basic tasks,” he said, further casting doubt on the allegations.
Justice Nagaprasanna, while engaging with the arguments, expressed reservations about quashing the proceedings at this stage. “The victim’s statement recorded under Section 164 of the CrPC carries significant weight. How can one assert the victim’s testimony is untrue without cross-examination?” he questioned.
“This case involves POCSO charges. Witnesses’ claims, including those suggesting the victim was not taken into the room, must be scrutinized during the trial. Statements cannot be dismissed as absolute truth or falsehood at this juncture,” he added.
Special Public Prosecutor Ravivarmakumar presented the prosecution’s case, stressing the victim’s testimony and corroborative evidence. He detailed the alleged incident, stating, “The victim was called into a room alone. When her mother asked to accompany her, she was refused. The door was then locked.”
According to the prosecution, the victim exited the room in visible distress and shared her experience with her mother, who later captured Yediyurappa’s purported admission on video. “The prosecution’s case is built on a robust foundation of the victim’s account and corroborative evidence,” Ravivarmakumar asserted.
Following these arguments, Justice Nagaprasanna decided to adjourn the hearing until the next day.