Trial Court passes fresh cognisance order against BS Yeddiyurappa in POCSO case

A special trial court handling cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) has issued a fresh order taking cognisance (judicial notice) of the sexual harassment case filed last year against former Chief Minister BS Yeddiyurappa..Additional City Civil and Sessions Judge (First Track Special Court) Judge NM Ramesh directed Yeddiyurappa and other accused to appear before the court on March 15..The criminal case was registered on the allegations made by a woman that Yediyurappa molested her 17-year-old daughter who had accompanied her on a visit to the senior BJP leader's residence to seek some help.The girl’s mother, now deceased, lodged a police complaint on March 14, 2024, accusing Yediyurappa of having sexually harassed the girl. She also said in her complaint that the former Chief Minister had tried to hush up the issue by offering her money.Based on this complaint, the police registered a First Information Report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) on charges of sexual harassment of a minor.On July 4 that year, a trial court passed a common cognisance order to take judicial notice of the case registered against Yediyurappa as well as three others accused of offences under Sections 204 (destruction of document to prevent its production as evidence), 214 (offering gifts, property to anyone to shield someone from legal punishment) read with Section 37 (co-operation by doing one of several acts constituting an offence) of the IPC.This was challenged by Yeddiyurappa before the Karnataka High Court, which recently quashed the trial court's July 2024 cognisance order on the ground that it was cryptic and passed without any application of mind. The trial court was directed to decide on the aspect of cognisance again..On Friday, the trial court passed a fresh cognisance order after recording that it has once again carefully gone through the FIR, the statement of the victim, witness statements, the chargesheet and other materials on record, to conclude that there was a prima facie case against Yeddiyurappa for the offences of sexual assault of a minor, sexual harassment and attempts to bury evidence.Similarly, the Court found that there was a prima facie case against three other co-accused persons under Sections 204, 214 and 37 of the IPC (for allegedly helping Yeddiyurappa in trying to bury the alleged incident).The Court concluded that it was satisfied that there are sufficient materials on record to take cognisance for the alleged offences against the four accused, Yeddiyurappa being accused number 1.The Court, therefore, issued process against all accused returnable by March 15.