Godman's act consensual: Investigator
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HC defers hearing on plea seeking quashing probe against Nithyananda
BANGALORE: The sexual act in the video clipping involving self-styled godman Swami Nithyananda appears to be "consensual," according to K N Yogappa, the Superintendent of Police probing the incident.
"It does not appear to be an act under force," Yogappa told the High Court on Thursday while replying to a question by Justice Arali Nagaraj during the hearing of a petition filed by Nithyananda seeking to quash investigation against him.
The Investigating Officer further submitted that the face of the other person is not clearly visible and one person in one of the CDs had covered the entire body and the only face visible was that of Nithyananda.
'No ingredients'
Chandramouli, the counsel for Nithyananda, argued that the allegations of cheating (Section 420 IPC), rape, (Section 376), unnatural offences like homosexuality (Section 377), criminal intimidation (Section 506) and deliberate and malicious act intended to outrage religious feelings (Section 295 A) levelled against the petitioner lack evidence.
"Even if we take the case on its face value, no case is made out for investigation. There are no ingredients for the offences. Even today the prosecution has failed to examine the aggrieved persons to substantiate the offence," he said.
Substantial evidence
When the court wanted to know whether there is substantial evidence for the allegations, the Government pleader said that they have sufficient evidence to continue with the probe and pointed out that one of them has complained of being victimised.
The Court then sought to know why the petitioner wanted to stall the investigation when there is enough material on record to continue the inquiry.
The petitioner then wanted to know why a complaint under Section 506 IPC by the complainant lodged in Salem is being investigated in the State. The State said that since the Ashram was in Bidadi, the investigation is being conducted in Karnataka.
However, the Court upon hearing both the parties refused to quash the probe. The matter has been adjourned.
DH News Service
Deccan Herald_Apr 16 2010_Pg 6_Godmans act consensual investigator