New Delhi: The Karnataka High Court on Wednesday (December 18) expressed a prima facie view that it was not possible for it to quash proceedings against former Karnataka Chief Minister B.S. Yediyurappa in case registered against him under the Protection of Children From Sexual Offences Act (POCSO) Act, solely on the statements of witnesses who disagree with the victim’s version of the alleged incident.
“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,” said Justice M. Nagaprasanna, reported LiveLaw.
“This is a case under POCSO. 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?” added Justice Nagaprasanna.
The court suggested to the counsel to satisfy the court about whether statements can form a part of quashing proceedings.
“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,” said the court.
The case pertains to the accusations made by the mother of a 17-year-old girl who had alleged that the former chief minister had sexually assaulted her daughter when they visited him at his Bengaluru residence this February seeking help. A complaint was also lodged against Yediyurappa under the Pocso Act and Section 354 A (Sexual harassment) of the Indian Penal Code (IPC) at the Sadashivanagar police station on March 14.
