Foolproof case against B S Yediyurappa, Karnataka government tells HC

Kumar argued that the petition is not maintainable as it does not lie in respect of cases registered under the POCSO Act and the accused is presumed to be guilty.
Former CM B S Yediyurappa
Former CM B S Yediyurappa(File photo)
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BENGALURU: There is a foolproof case against BJP leader and former CM B S Yediyurappa in the POCSO case and the recorded conversation between him and the victim references what happened between them, argued Special Public Prosecutor (SPP) Ravivarma Kumar before the Karnataka High Court on Wednesday.

The SPP made this submission before Justice M Nagaprasanna, who was hearing the petition filed by Yediyurappa under Section 482 of the CrPC questioning the legality of the case registered against him. 

Kumar argued that the petition is not maintainable as it does not lie in respect of cases registered under the POCSO Act and the accused is presumed to be guilty.

Pointing out the statement of the victim, the SPP submitted that the accused asked the victim’s mother, the complainant, to stay outside when he took the victim to a room in his house and locked her inside before sexually assaulting her.

He further argued that the victim and her mother had gone to the petitioner’s house seeking his help in connection with an earlier sexual assault on the victim. After coming out of the room, the victim was crying. When she reached a coffee shop, the victim narrated her ordeal to her mother who immediately rushed to the accused to question him, the SPP told the court.

He also submitted that the conversation between the victim’s mother when she confronted the accused was recorded by the victim on her mobile phone without the mother’s knowledge and uploaded immediately on Google Drive. The voice sample of the accused and the voice in the recorded video were matched by the Forensic Science Laboratory, he argued.

The SPP also brought to the notice of the court that the accused gave some money to the victim after she protested along with her mother immediately after coming back from the coffee shop. The accused also later paid Rs 2 lakh to them, which he stated that he had given as a loan, the SPP told the court.

Kumar argued that to help the victim and her mother fight the earlier crimes of sexual assault, the accused even spoke to Deputy Chief Minister D K Shivakumar over the phone. “I thought both Yediyurappa and Shivakumar were at loggerheads till I read the statement of the victim,” he told the court, while pointing out that no political motivation behind this case was averred by the accused in his petition.

Further hearing was adjourned to January 17 for a reply by Yediyurappa’s counsel.

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