The Karnataka High Court emphasized that victim statements recorded by a magistrate hold more significance than those by investigating authorities during criminal proceedings. Justice Nagaprasanna highlighted the importance of such statements under Section 164 of the CrPC while reviewing an FIR against former Chief Minister BS Yediyurappa, accused of sexual assault. Further hearings are set for December 2024.
Karnataka: The Karnataka High Court on Wednesday underscored that in criminal proceedings, a victim’s statement recorded by a magistrate holds more weight than witness statements recorded by investigating authorities. However, the court clarified that neither statement is considered absolute truth until examined during a trial.
Justice M Nagaprasanna, while hearing a petition filed by former Karnataka Chief Minister and BJP leader BS Yediyurappa seeking the quashing of an FIR against him, emphasized the significance of victim statements recorded under Section 164 of the Code of Criminal Procedure (CrPC).
The Court observed:
“The victim’s statement is on a higher pedestal because it is recorded by a magistrate under Section 164 CrPC, unlike witness statements under Section 161 CrPC. One does not know the circumstances under which investigating authorities record witness statements.”
Senior Counsel CV Nagesh, representing Yediyurappa, argued that multiple witnesses told investigators that “nothing happened” on the alleged incident date. He asserted that the victim’s allegations against Yediyurappa should not be treated as gospel truth.
Justice Nagaprasanna responded by questioning how the Court could quash proceedings solely based on these statements.
“Are you saying a court exercising jurisdiction under Section 482 CrPC will ignore the victim’s statement under Section 164 and rely solely on witness statements under Section 161? In my prima facie view, quashing is not permissible on this basis. Show me a precedent supporting this argument,”
the judge remarked.
The FIR was filed in March 2023, alleging that Yediyurappa sexually assaulted a 17-year-old girl who had visited his residence with her mother seeking assistance. The girl’s mother, who filed the complaint, accused the former Chief Minister of offering money to hush up the matter.
Following her death in May 2023, Yediyurappa sought the FIR’s quashing, arguing inconsistencies between witness and victim statements.
The FIR includes charges under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) for sexual harassment of a minor.
Further arguments in the case will continue on December 19, 2024.
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