Daijiworld Media Network – Bengaluru (SS)
Bengaluru, Jun 16: The high court of Karnataka has quashed proceedings initiated by a sessions court for Protection of Children from Sexual Offences (POCSO) cases in 2017 against Rt. Rev. Prasanna Kumar Samuel, bishop, Church of South India-Karnataka Central Diocese, Bengaluru.
The case was registered against five people, including Bishop Samuel under the Indian Penal Code (IPC) and POCSO in 2015 in relation to an alleged sexual assault on some girls at the premises of a school in Bengaluru.
Though the police had dropped the charges against Bishop Samuel, during the trial, he was summoned on an application filed by the public prosecutor in December 2017. This was challenged before the high court.
A case under the POCSO Act was registered with the Cubbon Park police station in January 2015 in relation to alleged sexual assault on some of the girls on the premises of a prestigious school in the central part of the city. The police filed a charge sheet in February 2016 against some accused persons and it did not include the petitioner’s name.
However, the sessions court had arraigned the petitioner as an accused on an application filed by the public prosecutor contending that there are specific allegations of overt acts against the petitioner.
Justice Hemant Chandangoudar passed the order while allowing the petition filed by Bishop Samuel questioning the December 2017 decision of the sessions court to include him as one of the accused even though he was not named in the charge sheet.
Justice Hemant Chandanagoudar, while quashing the proceedings against Kumar on May 25, said, “The charge sheet material does not disclose that the petitioner has committed the aforesaid offences and also the investigating officer has specifically stated before this court on November 19, 2019 there are no material available against the petitioner. However, the magistrate without perusing the charge sheet material, without application of mind, has issued the summons and the same is impermissible and is an abuse of process of law.”