Bengaluru (PTI): Former JD(S) MP Prajwal Revanna's appeal against his rape case conviction recently came up before the Karnataka High Court and his counsel argued that the trial court's verdict was driven by a media narrative and unsupported by solid evidence.
A Division Bench of Justices KS Mudagal and Venkatesh Naik heard the matter on November 13.
Revanna's advocate, Senior counsel Sidharth Luthra told the court that the conviction lacked incriminating material, pointing out contradictions in witness statements and claiming that the trial judge appeared swayed by the survivor's emotional state during questioning. He argued that such factors could not form the basis of a life sentence.
He also highlighted a delay of three to four years in reporting the offence and an additional delay of up to 48 hours in recording the survivor's complaint after she approached the police.
According to him, these gaps, along with alleged lapses in handling evidence, raised serious doubts about the prosecution's case.
The defence further contended that the chain of custody was not established, with no proper sealing or storage of seized samples. The counsel said key officers were not examined, and criticised what he described as unusual procedures carried out by certain medical board witnesses during the investigation.
He additionally argued that Revanna was not given adequate opportunity to present mitigating factors before sentencing. The trial court pronounced the conviction on August 1 and awarded maximum punishment the very next day, which, he said, denied the accused a meaningful hearing on sentencing.
Seeking interim bail, the senior advocate pointed out that Revanna has already spent a year in custody and said continued detention was unwarranted when the prosecution's foundation was weak.
The High Court will continue hearing the appeal on November 25.
Revanna, who was arrested in May last year after returning from Germany, is contesting the verdict on several grounds, including what he claims are contradictions in the survivor's testimony and inconsistencies in the evidence produced by the prosecution.
The case in which Revanna has been sentenced pertains to the one involving 48-year-old woman who was working as a help at the family's Gannikada farmhouse in Hassan district's Holenarasipura. She was allegedly raped twice -- at Hassan farm house and Bengaluru residence-- in 2021 and the act was recorded by the accused on his mobile phone.
The trial court had relied on multiple pieces of evidence, including video footage, DNA analysis of hair strands, and biological traces found on the victim's clothing, to convict him.
Four separate cases have been registered against Revanna, who is facing charges of rape and sexual harassment, and the SIT was tasked with probing cases.
The cases came to light after pen-drives containing explicit videos allegedly involving Revanna were reportedly circulated in Hassan, ahead of Lok Sabha polls on April 26, 2024.
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New Delhi/Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Monday said he will ask for time from Delhi police to appear before them next week, to provide required information as part of the probe into the National Herald case.
He said he will seek time after the ongoing winter session of Karnataka legislature ends on December 19. He will also ask the Delhi police to provide him the FIR copy.
Shivakumar, who is in the national capital, had earlier said that he will appear before the Delhi police on Monday. But, he postponed the plan in order to rush back to Karnataka to participate in the last rites of veteran Congress leader Shamanuru Shivashankarappa, scheduled later in the day in Davangere.
"I had to go (to appear before the Delhi police), but I have to go back urgently. I'm asking them for time, stating that I will come next week," Shivakumar told reporters in New Delhi.
"They (Delhi police) have not attached the FIR copy while issuing notice to me. I need FIR copy, because we had already given all the required replies to the ED. I don't know what the FIR says, I only read in papers. They have given notice, I will ask for a FIR copy. I will come next week after the Assembly session."
The Delhi Police had issued a notice to Shivakumar, who is also the Karnataka Congress chief, seeking financial and transactional details as part of its probe into the National Herald case.
The notice issued by the Economic Offences Wing (EOW) states that Shivakumar is "supposed to be having vital information" pertaining to the National Herald case registered on October 3 this year, against top Congress leaders Sonia Gandhi and Rahul Gandhi.
In the notice dated November 29, the EOW had asked Shivakumar to appear before it or provide the requested information by December 19 latest.
Investigators have sought details about his personal background, his association with the Congress party, and a complete break up of funds allegedly transferred by him or associated entities to Young Indian.
To a question on meeting AICC General Secretaries K C Venugopal and Randeep Singh Surjewala, amid the ongoing power tussle between him and CM Siddaramaiah over the Chief Minister post, Shivakumar said when he comes to Delhi, he usually meets every one.
"Whether it is Surjewala or Kharge (AICC President Mallikarjun Kharge) or Venugopal, I will meet everyone. During lunch yesterday I met Rahul Gandhi and Sonia Gandhi. I have met everyone. What's wrong?" he asked.
Shivakumar was in Delhi to take part in Congress' "Vote Chori" rally on Sunday, and had also participated in the lunch organised by the party for its leaders.
Responding to a question, whether any meeting is planned with leaders today, the Deputy CM said, he and Kharge will be travelling together to Karnataka, to pay last respects to Shamanuru Shivashankarappa.
Asked if he will seek time for a separate meeting with Congress leadership including Rahul Gandhi, during the next visit to Delhi, Sivakumar said, "such things will be there between us in the party.... you don't worry."
