Tag: POCSO

  • CID files chargesheet against ex- Karnataka CM Yediyurappa in POCSO case

    CID files chargesheet against ex- Karnataka CM Yediyurappa in POCSO case

    Bengaluru (TIP)- The Criminal Investigation Department (CID) of the Karnataka police on Thursday filed a chargesheetagainst former Karnataka chief minister and senior BJP leader B S Yediyurappa for the alleged sexual assault of a minor who visited his home with her mother to seek help in a case of sexual assault on the minor that reportedly occurred in 2015.
    The CID filed the chargesheet in a fast track court designated for cases filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012, on Thursday, June 27, evening.
    The 81-year-old former CM has been charged for sexual assault under Section 8 of the POCSO Act, for sexual harassment under Section 354 (A) of the Indian Penal Code, for destroying evidence under IPC Section 204 and for offering gifts to cover up an offence under Section 214.
    Three associates of the former CM — Arun Y M, Rudresh M, and Y Mariswamy — are also accused in the case under Sections 204 and 214 of the IPC for destroying evidence of a video recording by the victim’s mother of her confrontation of Yediyurappa after the alleged incident.
    The chargesheet was filed by the CID a day ahead of a high court hearing of a petition filed by Yediyurappa for quashing of the FIR registered against him on March 14 for the alleged incident of sexual assault of a teenager on February 2, 2024.
    The Karnataka High Court on June 14 directed the CID not to arrest Yediyurappa on the basis of an arrest warrant issued by the POCSO court on June 13 by pointing out that the former CM was no “Tom, Dick or Harry” and that he had agreed to appear before the CID on June 17 to participate in investigations as sought by the CID.

  • Reduce age of consent from 18 to 16, high court urges Centre

    The Gwalior Bench of Madhya Pradesh High Court has requested the central government to reduce the age of consensual physical relations between a man and a woman from 18 years to 16 years. The single-judge bench of Justice Deepak Kumar Agarwal made the remark on Tuesday while hearing a petition filed in connection with a rape case reported on July 17, 2020.
    Justice Agarwal was hearing a petition filed by Rahul Chandel Jatav for quashing an FIR registered under relevant sections of the IPC, Protection of Children Against Sexual Offences (POCSO), and the IT Act. A sessions trial was also pending in the case.
    “This Court would like to share its experience as a Judge that before amendments in IPC under Section 375 of IPC regarding age of prosecutrix for the purpose of consent that was 16 years and subsequently enhanced by amendment up to 18 years due to this amendment, fabric of society has been disturbed. Nowadays, every male or female near the age of 14 years due to social media awareness and easily accessible internet connectivity is getting puberty at an early age,” read the judgment. “Owing to this, female and male children are getting attraction and these attractions are resulting in physical relationship with consent. In these cases, male persons are not at all criminal. It is only a matter of age when they come into contact with a female and develop physical relationships. Only due to this reason, lawmakers in IPC, when it came into force, put the age of female as 16 years since they were well aware of the aforesaid facts,” it added.