Karnataka HC reserves order on Yediyurappa's plea challenging cognisance of POCSO case

Bengaluru, Oct 24 (PTI) The Karnataka High Court has reserved its order on a petition filed by former chief minister B S Yediyurappa challenging the cognisance taken by a lower court in a case registered against him under the POCSO Act.

The 81-year-old BJP veteran has been accused of sexually assaulting a 17-year-old girl at his residence in Sanjaynagar, Bengaluru, on February 2, 2024.

The girl's mother, who has since passed away, had reportedly approached Yediyurappa seeking help regarding a previous sexual assault case involving her daughter.

Following her complaint, the Bengaluru police registered an FIR on March 14, 2024.

This is the second time Yediyurappa has approached the High Court against the trial court's cognisance order.

His earlier plea was allowed, with a bench led by Justice M Nagaprasanna setting aside the order for being issued 'without application of mind' and directing the lower court to reconsider the matter afresh.

During the current proceedings, Justice M I Arun's bench examined whether the trial court had properly reassessed the case materials before taking cognisance again.

Senior advocate C V Nagesh, appearing for Yediyurappa, argued that the court had once more failed to evaluate the available evidence thoroughly.

Justice Arun, while summarising the defence's contentions, noted that "the accused and the audio recording on one side vis-a -vis the statements of other witnesses lend credibility to the prosecution's case," but observed that the trial court has not referred to the audio recording in its order, suggesting a possible non-application of mind.

The special public prosecutor, representing the State, countered that the victim did not possess her own phone, which allegedly contained the original recording, and that her mother's phone, used for the recording, was later 'forcibly destroyed'.

The prosecution also argued that Yediyurappa had "admitted to making a payment," as reflected in the recorded conversation.

It was further submitted that since the validity of the cognisance order itself is under judicial consideration, the one-year statutory period prescribed for the completion of Protection of Children from Sexual Offences (POCSO) trials would not apply at this stage.

The case will next be taken up on Saturday for pronouncement of orders. PTI COR GMS SA