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Rape case: HC notice to seer in criminal revision plea

Last Updated 28 April 2016, 20:19 IST
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.
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(Published 28 April 2016, 20:19 IST)

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