0

Sexual abuse case against prajwal revanna:A political drama

Articles , , ,

INTRODUCTION:

The biggest sensational news of the year, on sexual exploitation of women gave a massive twist to the Karnataka Lok Sabha election, 2024, wherein, Days before Hassan district went into polls, Prajwal Revanna, the grand son of former PM Devegowda, fell into the controversy of Karnataka’s biggest sex scandal, against whom charges of sexual assault on several women emerged last month following the leak of explicit videos and images through pen drives distributed in Hassan ahead of the April 26 Lok Sabha polls, The MP, a grandson of former prime minister H D Deve Gowda, is now absconded and a ‘blue corner’ notice has been issued against him by the Interpol, lets go into the overview of the controversy circling the JDS Party Prajwal Revanna.

WHO IS PRAJWAL REVANNA?

Prajwal Revanna is an Indian politician from the state of Karnataka. He belongs to the Janata Dal (Secular) party, i.e. JDS, having its base primarily in Karnataka. Prajwal belongs to the prominent political family in Karnataka, the Deve Gowda family. His grandfather H.D. Deve Gowda served as the Prime Minister of India, and his father H.D. Revanna is a senior leader in Karnataka politics. Prajwal Revanna himself entered politics and became a Member of Parliament (MP) representing the Hassan constituency in Karnataka. He has been involved in various political activities and is considered one of the emerging leaders within his party.

CONTROVERSY REVOLVING AROUND PRAJWAL REVANNA:

The Lok Sabha elections 2024, were to be held on 26th April 2024 in Karnataka, days before the elections all the parties contesting for elections were campaigning from all sides, In the middle of the poll season, an alleged sex scandal involving Hassan member of parliament (MP) Prajwal Revanna, the grandson of the former PM, HD. Deve Gowda erupted in Karnataka, wherein a large number of pen drives containing explicit videos involving Prajwal revanna were being widely and anonymously circulated everywhere across  Hassan constituency, left conspicuously in bus stands, railway stations, shops, parks and other public places. They reportedly contained almost three thousand videos of women, some of whom were being sexually abused, assaulted or raped by prajwal. These victims reportedly included workers of JDS Party, wives of JDS workers, public servants, police officers, and journalists. Some of the videos, were allegedly shot by Prajwal, reportedly included visuals of him, while he is audible in others. During this busy pooling season, explicit clips were being shared and on the other side revanna was asking for votes from people, he was giving speeches on women’s safety and security, organizing back-to-back rallies, etc, later on, 26th April elections were held and the great impact of the pen drives were also started, therefore a day after election i.e, on 27th of April Prajwal revanna through his diplomatic passport fled to Germany.

When things stood thus, A 47-year-old house helper from the Revanna family filed a complaint against Prajwal and his father, HD Revanna, accusing them of sexual harassment. In her complaint, the woman claimed that HD Revanna and Prajwal used to sexually assault women workers in their home. the complainant further said “After four months of joining, Revanna kept calling me to his room. There were six women workers in the house and everyone said that they were scared when Prajwal Revanna came home. The male workers in the house also alerted the women workers to be careful,”the complainant further alleged that “Whenever (HD) Revanna’s wife wasn’t there, he used to call the women to the store room and touch them while giving them fruits. He used to remove saree pins and used to sexually assault women,” she added. The woman also claimed that Prajwal Revanna tried to flirt with her daughter, who then blocked his number. When the police questioned about the delay in complaint the woman replied that as the videos being widely circulated, she gained the courage to bring this out and file the complaint. Based on the woman’s complaint, the police have registered a case under IPC Sections 354A, 354D, 506, and 509 similarly, other FIRs have been registered against Prajwal Ravenna, with charges such as rape, molestation, intimidation, blackmailing, and issuing threats.

LEGAL PROVISIONS INVOLVED:

  • 354A of Indian penal code- any man who engages in unwelcome and explicit sexual behavior, demands sexual favors, shows pornography against a woman’s will, or makes sexually colored remarks can be punished with imprisonment or fine.
  • 354D of Indian penal code –stalking is defined as the act of following, contacting, or attempting to contact a person persistently despite their clear indication of disinterest or through any other means of communication, causing fear or distress
  • 506 of Indian penal code – punishment for criminal intimidation
  • 509 of Indian penal code – Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished

NAKALAKSHMI CHAUDHARY ABOUT PRAJWAL REVANNA:

 Concerning the obscene video clips circulated in Karnataka’s Hassan district, Dr Nagalakshmi Chowdhary, Chairperson of the Women’s Commission stated that the ‘obscene videos’ case involving JD(S) MP Prajwal Revanna is the biggest scandal of the country. Further, She said that the pen drive she received contained hundreds of explicit videos, some of which purportedly showed Prajwal Revanna. On going through the details, Nagalakshmi Chaudhary wrote to the to the Chief Minister of Karnataka, stating that it is very important to conduct an investigation in this case, therefore,  Karnataka Chief Minister Siddaramaiah constituted a Special Investigation Team (SIT) in connection with Prajwal Revanna’s alleged obscene video case in Hassan district.

KARTHIK(DRIVER) ROLE BEHIND THE CONTROVERSY:

When the sex scandal controversy of Prajwal Revanana and the SIT with respect to the controversy continued the story took a different turn wherein the pen drive was alleged to have been leaked by Karthi the ex-driver of the Revanna family, from the sources it is reported that Prajwal Revanna family had a driver named Karthik, who was the trusted person of their family who worked for more than 15 years, the issue revolving the Ravenna family and driver Karthik about the 16 acres of land in holenarasipura, which was alleged to be in the name of driver Karthik, but Revanna family asks the driver to sell the land and give the money to them, when the case gets out of the hand driver Karthik quits the job in 2023, march, from the sources it is also said that driver Krishna also received a lot of threat from the Ravenna family concerning 16 acres, which became the root cause for the sex scandal controversy,

It is reported from the sources that while driver Karthik was working in the Revanna family he had access to all the digital stuff of Prajwal, therefore all the explicit videos in the Prajwal phone was made up into a collection and the driver copied all the 2976  videos into a pen drive and waiting for the correct time to take the revenge, therefore when JDS was along side of congress he approached BJP leader devaraje Gowda, while there was a plan to do something with the pen drive against Prajwal Ravenna, the JDS Party moved along the side of BJP, and supported BJP, Ravenna was also given a seat to contest in election.

IS DEVARAJE GOWDA INVOLVED IN SPREADING CONTROVERSY ABOUT PRAJWAL?

When things stood thus, on 8th December 2023, Devaraje Gowda, writes a letter to Karnataka BJP President Vijaendra Yediyurappa that the candidate Prajwal Revanna, BJP ND Alliance has a lot of explicit videos filmed and it would be wrong to move if BJP doesn’t stop him from controversy, on Jan 2024 through conference devaraje gowda stated that he had  obtained the vedios and can bring deeds to revanna family in front of the people and as a result driver  karthik stopped receiving the calls of devaraje gowda.

When the sex scandal  controversy broke out driver karthik was alleged to have been made the videos spread but the driver clearly denied the allegations he said that he only gave the pendrive to devaraje gowda only to submit in court and not any where, When devaraje gowda was asked about it he said that the leak of this pendrive will cause him the biggest loss because his party will be in loss and he will be in the last person to leak the vedios, he also said when Karthik came to give him pendrive, he asked Karthik if the pendrive is given to anyone as a reply it was said that Congress committee president D.k. Shivakumar is also given but later it was denied. Devarajrgowda also said that the time at which the vedios were shared will only benefit Congress and Congress is the culprit behind this controversy.

JDS ON PRAJWAL REVANNA SEX SCANDAL CASE?

JDS suspended Prajwal Revanna till the completion of SIT probe and Kumaraswamy says JDS party  is against ‘injustice’ towards women

JDS claimed that the deputy chief minister of Congress, D.K. Shivakumar has leaked all the vedios as there was very close competition between them in 2-3 seats, in order to win that all these things were done.

Currently, Prajwal has tweeted that he has not run away but just went outside on important work and will come back

In conclusion, we can say that, the arrival of prajwal revanna to India is awaited and whether he is guilty of offence or an innocent has  to be proved  and  Over the entire political drama, the victim women whose faces were being made public suffered the entire loss

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Article by:SOWMYA.R

0

The Kerala High Court upholds the Conviction of Father under the POCSO Act for Sexually Assaulting his 9 year old Daughter

Blog , , , , , , ,

Case title – Stephen VS State of Kerala

Case no. – CRL.A No. 138 OF 2017

Decision on – March 05, 2024

Quoram – Justice P.B. Suresh Kumar & Justice Johnson John

Facts of the case

The appellant in the instant case is none other than the father of the victim. The accusation against the accused was that he penetrated his penis into the mouth of the victim who was aged 9 years then and threatened her of death, if she discloses the same to anyone.

The Special Court took cognizance of the matter and observed that when the accused was questioned on the incriminating evidence he denied the same and maintained that he has been falsely implicated in the case, with a view to avoid him at the instance of his wife, who maintains an illicit relationship with another. The Court did not find a case fit for acquittal and when called upon for evidence, the accused failed to adduce the same. Hence, the Court convicted and sentenced him to imprisonment and to pay fine for the offences punishable under Section 5(n) read with Section 6 and Section 9(n) read with Section 10 of the POCSO Act, 2012 and Section 506 Part 2 of the IPC.

Submissions on behalf of the Appellant

The Learned Counsel for the accused submitted that the there is no evidence in the case to prove the alleged act of penetrative sexual assault except the evidence tendered by PW2 and further contended that the same was not trustworthy.

He contended that even if the arguendo is accepted the sentence imposed on the accused is grossly disproportionate to the gravity of the offence alleged and pleaded the Court to rectify the same.

Issue

Whether the conviction of the accused and the sentence imposed on him are sustainable in law?

Court’s Analysis and Judgement

The Court examining the statements given by PW1(mother of the victim) and PW2(victim) observed that both of them stood by their statements and there were no instances to doubt the veracity of evidence tendered by them.

The Court noted that the evidence of the victim was the only thing on record to determine the case and it is a settled law that the evidence of the victim of a sexual assault can be the sole basis of a conviction. However, relying on the decision in Rai Sandeep v. State (NCT of Delhi) the Court pointed out that in order to base a conviction solely on the evidence of the rape victim, such evidence shall be of a sterling quality.

The Court observed that the evidence tendered by the victim in the case satisfies the requirement of a sterling witness and therefore, affirmed the decision of the Special Court. The Court also upheld the charges framed against the accused and the punishment imposed on him by the Special Court.

The Kerala High Court, thereby, rejected the appeal of an accused and convicted him under POCSO Act for committing aggravated penetrative sexual assault on his nine-year-old daughter.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Reviewed by – Keerthi K

Click here to view the Judgement

0

Suspicion, However Strong It May Be, Cannot Take The Place Of Proof: High Court Of Madhya Pradesh

Uncategorized , , ,

Title: Mukesh Khampariya S/O V The State Of Madhya Pradesh And Ors.

Citation: Writ Petition No. 21852 of 2018

Decided on: 05th Of October, 2023

Coram: Justice Sujoy Paul

Introduction:

This petition filed under Article 226 of the Constitution assails the order dated 25.06.2018 and the enquiry report dated 25.07.2018 whereby the petitioner was held guilty for committing sexual harassment at the workplace.

Facts:

The petitioner was working as Station House Officer (SHO), in Police Station Gadarwara, District Narsinghpur between 27.08.2016 to 24.03.2017. During that period, respondent was posted in the said police station as Sub- Inspector.Respondent as an afterthought preferred a frivolous complaint dated 16.03.2017 alleging that petitioner committed sexual harassment in the workplace. Pursuant to the complaint dated 16.03.2017, an internal complaint committee was constituted as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal), 2013.

The internal committee consisting of five members conducted the inquiry, recorded statement of witnesses and prepared the report on 26.05.2017 and opined that the allegations against the petitioner for committing sexual harassment in workplace are not established. The respondent preferred an application against the aforesaid report of internal complain committee dated 24.05.2017. On 25.12.2017  the departmental authority came to hold that allegation of sexual harassment could not be established against the petitioner.

learned counsel for the petitioner drew the attention of this Court to another report dated 25.07.2018 whereby another inquiry report was prepared wherein charges were found to be proved against the petitioner.

Court’s decision and analysis :

The complaint can be made in writing within a period of three months from the date of incident. In this case, it is clear that incident had taken place on 12/10/2016 and complaint was preferred on 16/03/2017. Thus, complaint itself was barred by time. Apart from that complaint was considered by a five members committee which came to hold in the report dated 26/05/2017 that allegation of sexual harassment in work place could not be established against the petitioner. Even in Departmental appeal the concern authority came to hold that for want of sufficient evidence, allegation of sexual harassment in workplace could not be established.

here is no material evidence available against the petitioner. Merely because the complainant preferred repeated complains, the petitioner was held to be guilty. Suspicion, however strong it may be, cannot take the place of proof [See: AIR 1964 SC 364 (Union of India v. H.C. Goel)] For this reason also, this enquiry report is liable to be set aside. Hence, impugned order of Police Headquarter dated 25/06/2018 and enquiry report dated 25/07/2018 are set aside.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 Written by- Sushant Kumar Sharma

Click here to view judgement

0

[POCSO Act] The absence of injuries to a victim’s private parts does not rule out penetrative sexual assault, according to the Delhi High Court.

Blog , , , , ,

Title: Ranjeet Kumar Yadav v. State of NCT of Delhi

Decided on:  14th August, 2023

+  CRL.A. 50/2022

CORAM: HON’BLE MR. JUSTICE AMIT BANSAL 

Introduction

The Delhi High Court recently delivered a significant judgment regarding the interpretation of the Protection of Children from Sexual Offences (POCSO) Act. The case involved the conviction of an appellant for sexual offenses against a young victim. The central issue revolved around the absence of injuries on the victim’s private parts and its implications on the nature of the assault.

Facts

The appellant was convicted under Section 6 of the POCSO Act, along with sections 363 and 342 of the Indian Penal Code (IPC), for sexual offenses against a four-and-a-half-year-old victim. The defense argued that there were contradictions in the victim’s statements and that the prosecution’s case rested solely on the victim’s testimony, lacking sufficient corroboration. They contended that the absence of certain injuries suggested a lesser offense of “touching” rather than penetration under the POCSO Act.

Analysis and Held

Justice Amit Bansal, upholding the conviction, clarified that the absence of injuries on the victim’s private parts cannot automatically negate the possibility of a penetrative sexual assault under the POCSO Act. He emphasized that injuries are not necessary in every case of sexual assault. The Court referred to previous judgments and established that the mere lack of injuries should not undermine the credibility of the victim’s testimony.

The Court addressed the alleged inconsistencies in the victim’s statements, noting that minor contradictions, particularly considering the young age of the victim, do not render her testimony unreliable. The Court highlighted the statutory presumption under Section 29 of the POCSO Act, which places the onus on the accused to rebut the presumption by leading evidence or discrediting the prosecution’s case.

In conclusion, the Delhi High Court held that the absence of injuries does not automatically disprove the occurrence of a penetrative sexual assault under the POCSO Act. The Court underscored the importance of evaluating the victim’s testimony in its entirety and considering the overall context of the case. The conviction of the appellant was upheld, and the appeal was dismissed.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Ankit Kaushik

Click here to view Judgement

0

Karnataka High Court Denies Plea to Quash FIR Against Gynecologist under Section 21 of POCSO Act for Failure to Report Sexual Assault on a Minor

Blog , , ,

Karnataka High Court

Chandrashekar T.B. v. State of Karnataka & Devika

Bench-  HON’BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.8789 OF 2023 (GM – RES)

Decided On 02-06-2023

Facts of the case-

The petitioner, a retired doctor now running Prashanthi Hospital in Laxmisha Nagara, Chikkamagaluru, is the subject of a crime registration. On 17-12-2022, between 13:00 to 14:00 hours, the victim, Devica arrived at the petitioner’s hospital seeking treatment.

The victim was in critical condition with severe bleeding and decreased vitals, allegedly caused by taking abortion tablets 2 to 3 days prior. Accompanying the victim were individuals claiming to be her parents.

The petitioner promptly admitted the patient to the hospital and provided immediate medical intervention, including oxygen and IV fluids, which improved the victim’s condition. However, it is claimed that the petitioner performed an incomplete medical termination of pregnancy, leaving the placenta behind.

Due to the victim’s instability and ongoing bleeding, the petitioner performed a procedure to retain the placenta, as further expulsion would have endangered the victim’s life. After approximately two days of admission, once the victim’s condition stabilized, she was discharged in the morning and taken by her purported relatives.

Around one month later, Crime No.1 of 2023 was registered at Belthangadi Police Station for the aforementioned offenses. Initially, the petitioner was not named as an accused party. Following an investigation, a notice was issued to the petitioner on 17-02-2023, accusing them of performing a medical termination of pregnancy on a 12-year and 11-month-old victim who had been subjected to sexual activity.

The petitioner was charged under Section 21 of the relevant Act. Subsequently, on 26-02-2023, a charge sheet was filed against other accused parties as well as the petitioner/accused No.8 for the offense under Section 21 of the Act. The filing of this charge sheet has prompted the petitioner to approach the court through the present petition.

Relevant Provisions

POCSO ACT, 2012 Related to
Sec. 21 Punishment for failure to report or record a case

Judgement

The court has dismissed the plea of the accused, a gynecologist, and expressed strong dissatisfaction with the accused’s failure to recognize the victim’s age during the medical termination of pregnancy, despite having 35 years of experience in the field. The bench emphasized that such a lapse in judgment by a seasoned professional is unacceptable.

Furthermore, the court highlighted the significant concern that non-reporting of cases involving minors and their exploitation would allow offenders to evade legal consequences. This directly undermines the core objective of the Protection of Children from Sexual Offenses (POCSO) Act, which aims to safeguard the rights and well-being of minors. The court emphasized the need for strict adherence to reporting protocols to ensure that offenders are held accountable and justice is served.

The dismissal of the accused’s plea and the court’s strong remarks reflect the gravity of the situation and the court’s commitment to upholding the principles of justice, protection, and deterrence in cases involving the exploitation of minors.

JUDGEMENT REVIEWED BY ABHAY SHUKLA

Click here to view judgment

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”