In Pocso case against Yediyurappa, court peruses victim’s statement in fresh cognisance process

The special public prosecutor filed an application stating that section 35 of the Pocso Act 2012 mandates that the evidence of the child should be recorded within 30 days and that the trial must be completed within a year—from the date of the court taking cognisance of the case.

The high court, while rejecting a plea filed by Yediyurappa to quash the entire Pocso case against him, ruled that the special court judge had erred in application of mind while taking cognisance of the chargesheet earlier in July 2024, since no reasons were given for it.

“The Writ Petition is allowed in part. The order of taking cognizance by the concerned court dated July 4, 2024 qua accused number one stands obliterated,” Justice M Nagaprasanna said in his February 7 order. “The crime, the investigation and the final report all remain intact. The matter is remitted back to the concerned court to pass appropriate orders on the final report so placed before it by the CID bearing in mind the observations made in the course of the order.”

The high court said the special court must make a reasoned order for taking cognisance of the chargesheet. “Though the reasons need not be so elaborate when it records framing of charges or conviction, nonetheless, it must bear application of mind to set further proceedings in motion, as taking of cognizance or issuance of process has some judicial sanctity,” the court said.

The high court also granted conditional anticipatory bail to Yediyurappa stating that no investigation was pending against him. Since Yediyurappa “is an octogenarian and has held the position of the Chief Minister of the State of Karnataka and there can be no apprehension that he would not cooperate with the trial on its ensuing”, the court said.

FIR and chargesheet

An FIR was filed on March 14, 2024, against Yediyurappa, 81, by the Bengaluru police on the basis of a complaint by the mother of a teenager stating that her daughter had been subjected to sexually inappropriate behaviour by the former chief minister during a visit to his house on February 2 that year.

The CID unit of the police filed a chargesheet against the BJP veteran and three others on June 27, 2024, under Pocso Act section 8 (sexual assault) and Indian Penal Code section 354 A (sexual harassment), 204 (destroying evidence) and 214 (offering gifts to silence the victim).

The Pocso court took cognisance of the chargesheet on July 4, 2024, and issued summonses for the former chief minister and others.

Yediyurappa approached the high court for the quashing of the case during the CID investigations and the court ruled on June 14, 2024, that the former chief minister should not be arrested and later, on July 12, exempted him and three others from appearing in the special court in response to the summonses.

Although the high court issued no stay against the proceedings in the special court, they had been stalled since July 4, 2024, on account of Yediyurappa moving the high court to quash the chargesheet.