BENGALURU: Karnataka High Court refused to quash the criminal proceedings initiated against a 48-year-old man from Tumakuru district booked for sexually assaulting a 13-year-old girl.
The court rejected the contention of accused that the victim's statement cannot be given credence and that evidence in cross-examination should be discarded because she is mentally challenged.
"The victim identifies the petitioner and, narrates though not in minute detail, about the acts of the petitioner", said Justice M Nagaprasanna while recently rejecting the petition filed by accused Krishnappa against the ongoing criminal proceedings against him under the provisions of IPC and the Protection of Children from Sexual Offences Act, 2012. At the same time, the court directed the trial court to conclude the proceedings within an outer limit of three months, if not earlier.
The court observed that considering quashing of the proceedings would become a travesty of law, as the petitioner has indulged in sexual perversion by seeking to practice eroticism beyond the bounds of maturity and sanity. The behaviour of the petitioner cannot but be described to be a paraphiliac, albeit, prima facie. It is un-understandable as to how the petitioner seeks quashment of the proceedings basing his foundation on the score of stray answers of a mentally challenged child in her cross-examination, the court said.
According to the complaint dated December 10, 2023, the mother of the victim was doing her household work at 3.15 pm, her daughter was playing alone in front of the house. After about 30 minutes, she noticed that her daughter was missing as she was not found in the same place playing. She goes in search of her daughter and notices that her daughter is coming out of the house of the petitioner holding her shirt and pant in her hand.
When the mother enquired with her daughter, she was informed that the petitioner on the pretext of giving her sugarcane had taken her to the bathroom of his house and committed sexual assault on her. Thereafter, the mother did not immediately complain as she was apprehensive of her reputation or her daughter's reputation being damaged. But, when the daughter went on repeatedly complaining of experiencing pain in the vaginal region, gathering courage, the complainant registered the crime on December 21, 2023, which is close to 11 days after the alleged incident.
The accused denied the allegations. Additional State Public Prosecutor B N Jagadeesha argued that the allegations against the petitioner are grave as he has indulged in sexual assault on a mentally challenged child. Therefore, it is an unpardonable act on the part of the petitioner who is 48 years old and statements that he wants to rely on, should be tested in evidence, he argued while praying the court to reject the petition.