New Delhi: The Karnataka High Court on Wednesday said that proceedings against former Karnataka Chief Minister B.S. Yediyurappa under the Protection of Children From Sexual Offences Act (POCSO) Act would not be quashed on the basis statements of witnesses who disagree with the victim’s version of the alleged incident, The Wire reported.
Justice M. Nagaprasanna reportedly said that ‘Quashing of proceedings based on statements recorded under S.161 and S.164 Crpc is not available, is my prima facie view. Show me one judgment where relying on the statements made under Section 161 and Section 164, proceedings can be quashed.’
Pointing out that it is a case under POCSO, the court said ‘Evidence of witnesses that the victim was not taken inside the room should that not be cross examined? She (victim) should also be cross examined. Either of the statements becomes gospel truth if not put into trial. Taking the statement (of witnesses) as correct and quashing the entire proceedings. Should it not be put to trial. How can you say the victim’s statements is false?’
‘The Section 161 statements are disbelieved because they are taken under what circumstance you don’t know. However, the Section 164 statement is on a higher pedestal because it is before a magistrate,’ the court was quoted as saying.
The case against B.S. Yediyurappa came after the mother of a 17-year-old girl accused the former chief minister of sexually assaulting her daughter when they visited him at his Bengaluru residence seeking help.
Yediyurappa faces a case after a complaint was registered on March 14 under the Pocso Act and Section 354 A (Sexual harassment) of the Indian Penal Code (IPC) at the Sadashivanagar police station.