Rape case: HC notice to seer in criminal revision plea
Bengaluru: April 29, 2016, DHNS:
The High Court on Thursday ordered emergent notice to the Ramachandrapura Math seer Raghaveshwara Bharati in a criminal revision petition, filed by the Investigation Officer of the CID, challenging the order of the Sessions court, which had acquitted and discharged the seer in a rape case.
The seer was booked for raping a Ramakatha singer. Justice A V Chandrashekhara ordered emergent notice and called for records that had discharged the seer in the rape case.
The petitioner has stated that trial court has exceeded its jurisdiction by evaluating and scanning evidence and material even before the commencement of the trial, and virtually acquitting the accused as ‘discharge’ and ‘acquittal’ of the accused are distinct concepts, applicable at different stages of the court proceedings. The court cannot shift the evidence one way or the other and test the worthiness of the prosecution material at the stage of considering an application for discharge under Section 227 of CrPC.
The court has proceeded to pass the order in respect of offences punishable under Sections 376(2) (f), (n) and 506 of IPC. However, the charge sheet was filed for offences under Sections 376(2)(f) and (n) and 508 of IPC. This only establishes the lack of application of mind by the court, the petitioner has contended.
The petitioner has stated that learned judge of the Sessions court has failed to appreciate that offence of rape is a monstrous burial of dignity of woman in the darkness and it is a crime not only against the holy body of a woman but also on the soul of the society. The act of rape in any form causes psychological and physical harm and degrades the victim’s soul, honour and dignity, and leaves a permanent scar in her life. In such cases, the courts should be more cautious to see that the accused should not be let scot-free, the petitioner argued.
High Court notice to Ramachadrapura mutt seer
The Karnataka High Court on Thursday ordered issue of notice to Raghaveshwara Bharati of Sri Ramachandrapura mutt on a petition filed by the State against the verdict of a Sessions Court, which had recently discharged him from a rape case.
Justice A.V. Chandrashekara, before whom the petition came up for hearing, has adjourned further hearing till June.
Challenging the March 31 verdict of the trial court, the State has contended that there was enough material before the Sessions Court to conduct the trial. It was also argued in the petition that the trial court was not correct in discussing the correctness of the evidence, including the DNA test results, and disbelieving them without allowing the prosecution to establish them in the trial.
As the rape victim had given her voluntary statement under Section 164 of the Code of Criminal Procedure before a magistrate, the trial was essential to prove the victim’s statement.
The trial court had said that there was not enough material against the seer to proceed against the seer.
Court Issues Notice to Seer in Rape Case
By Express News Service
Published: 29th April 2016 05:21 AM
Last Updated: 29th April 2016 06:24 AM
BENGALURU: The High Court on Thursday issued an emergent notice to Sri Ramachandrapura Mutt pontiff Sri Raghaveshwara Bharathi in connection with a criminal revision petition filed by the state government against dropping rape charges against him.
The state government had filed the petition against dropping the charges against Raghaveshwara Bharathi as there was sufficient evidence. Justice A V Chandrashekara issued a notice to the pontiff and adjourned the hearing to third week of June.
A session court in the city had dropped the charges of rape against the pontiff on March 31. A devotee and Ramakatha singer of the Mutt had accused the pontiff of having raped her.
P M Nawaz, Special Public Prosecutor, argued that the sessions court dropped the charges under Section 506 of IPC, though it is not permissible, as the chargesheet was filed under Section 508.
Nawaz argued that the statement of the victim was taken under 164 of CrPC and that acquitting an accused even before framing charges was not right. The crime committed by the pontiff is not only against women but also against society, he said.
Friday, April 29, 2016 10:49:08 AM (IST)
Rape case against Raghaveshwara – HC admits criminal appeal
Daijiworld Media Network – Bengaluru (SP)
Bengaluru, Apr 29: The state high court (HC) has admitted a criminal appeal preferred by the state government against the civil court order dismissing the rape case filed against Sri Raghaveshwara Bharatiteertha Swamiji of Ramachandrapur Math for hearing.
The single judge bench of the HC presided over by Justice A V Chandrashekhar, which heard the appeal, ordered issuance of emergent notice to Sri Raghaveshwara Swamiji, before adjourning the hearing. It also instructed the registrar of the high court to summon all the documents relating to the case.
Judge of the sessions court, G B Mudigoudar, who had heard the rape case filed by former Ram Katha singer of Ramachandrapur Math, Premalata Diwakar, had acquitted the Swamiji from rape charges through a judgement delivered on March 31 this year. The state government represented by the investigating officer of criminal investigation department (CID) has now preferred an appeal against this judgement.
The sessions court judge had said in the verdict that the government does not have any evidences to support the charges levelled against the Swamiji. But the CID has claimed that its investigation report contains all the evidences and proofs about the Swamiji’s involvement with rape. In its appeal, it said that the sessions judge had not taken into consideration the evidences submitted by it in support of the charges, and felt that the lower court was not in order in absolving the Swamiji of rape charges without holding detailed hearing.
Special public prosecutor who appeared on behalf of the CID in his argument, demanded for dismissing the judgement passed by the sessions judge.
In the meanwhile, six persons including Edurkala Ishwar Bhat have filed a public interest litigation in the state high court seeking to unseat Sri Raghaveshwara Swamiji from his position as the spiritual head of Ramachandrapur Math, as he is facing charges of misuse of power, tax fraud, and rape. They have asked the administration of the Math to be taken over by the government and appointment of administrator to manage its affairs and for holding detailed investigation into all the cases in which the Swamiji is an accused.
The division bench of high court chief justice, S K Mukherjee and Justice Ravi Malimath, which heard the PIL, asked the petitioners to submit a memorandum containing their demands to the state chief secretary. It also ordered issuance of notices to Sri Raghaveshwara Swamiji, Ramachandrapur Math, central and state governments, and the state chief income tax commissioner, before adjourning the hearing.