HC rejects plea to dismiss sexual assault case against accused

NT Correspondent

Bengaluru: The Karnataka High Court has declined to dismiss criminal proceedings against a Tumakuru man accused of sexually assaulting a 13-year-old girl with mental disabilities. Justice M. Nagaprasanna stated that dismissing the case would constitute a "travesty of law" given the serious nature of the allegations. The alleged incident took place on December 10, when the accused reportedly enticed the victim to his home under the guise of offering her sugarcane. Although the victim's mother learned of the assault on the same day, she delayed filing a complaint for 11 days due to societal pressures and concerns regarding her daughter's condition.

The child later reported ongoing pain, which led to the formal complaint being lodged. The Tumakuru police subsequently charged the accused under Section 376(1) of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The accused contended that the delay in reporting and the victim's mental state justified quashing the case, arguing that her statement recorded under Section 164 of the Criminal Procedure Code (CrPC) was unreliable. However, Justice Nagaprasanna highlighted that the victim had identified him and provided detailed accounts of the incident in her testimony. The court characterised the allegations as "heinous and horrendous," labelling the accused's actions as prima facie paraphilic.

It underscored that relying solely on isolated statements from a mentally challenged child during cross-examination cannot serve as grounds for quashing legal proceedings. Additionally, the trial court has been directed to expedite the case and reach a conclusion within three months.