BENGALURU: Holding that there are sufficient materials to frame charges against former Hassan MP Prajwal Revanna in a case of sexual assault, the special court to try criminal cases against sitting and former MPs and MLAs has dismissed his application seeking discharge from the case.
Prajwal allegedly sexually assaulted a domestic help at his Gannikada farmhouse in Hassan district and at his house at Basavanagudi in Bengaluru during the Covid lockdown period in 2021.
Referring to materials and digital evidence recovered, Judge Santhosh Gajanan Bhat said no doubt the veracity of digital evidence is a matter which requires to be considered succinctly during the course of the trial. At this juncture, it creates a strong and grave suspicion with respect to the commission of the alleged incident.
“I have also perused the statement of other witnesses and also the materials collected by the investigating agency, which cast a grave suspicion with respect to the commission of the offence and as such the question of discharging the accused does not arise,” the judge said.
Rejecting the contention of Prajwal that CID is not competent to file a chargesheet, the court said that at this juncture, it has to consider the fact whether merely working in the farmhouse of the accused would be sufficient to hold that the statements are true. Admittedly, the court is now looking into the materials for the purpose of framing of charges and not for the purpose of considering the case on merit.
The judge said the proclamations of superior courts indicated that when the statement is rendered by the victim with respect to her chastity, the court has to accept it unless it is found to be tainted or being obtained out of some irregularity or illegality. In other words, it is to be presumed in ordinary prudence that no woman would come before the court to make a statement about her own chastity.
The sole testimony of the victim is sufficient if the court comes to the conclusion that it is of sterling quality. The other aspect, which would indicate grave suspicion, is the digital evidence. However, the counsel for the accused has argued that the instrument which was used for recording the alleged incident is not recovered by the police. Once again, the same has to be tested during the course of the trial, the court said.