LAWS(SC)-2008-3-37

GOWRISHANKARA SWAMIGALU Vs. STATE OF KARNATAKA

Decided On March 05, 2008
GOWRISHANKARA SWAMIGALU Appellant
V/S
STATE OF KARNATAKA And ANR Respondents

JUDGEMENT

(1.) A Mutt known as Sri Siddaganga Mutt (for short "Mutt") is situated in the State of Kerala. Appellant was a 'junior Swamiji' therein. He was declared as the successor of the 'senior Swamiji' on or about 21.05.1975. Disputes and differences are said to have arisen between the two Swamijis. Police protection was given to the appellant. Both of them, however, purported to have signed an agreement on 13.05.1986. It was, however, not implemented.

(2.) Respondent No. 2 alleged that he was subjected to unnatural offence by the appellant. His clothes, anus and panche (lungi) got soiled. He was given a sum of Rs. 10/- and asked not to tell the same to anybody else. The said activity of the appellant is said to have continued upto 23.07.1986. He was every time offered some money. In total a sum of Rs. 75/- was paid to him.

(3.) The trial started in March, 1996. In the mean time, the appellant was removed from the Mutt. Immediately, thereafter, he filed a suit on 27.05.1988. The said suit is still pending. Names of sixteen witnesses were cited in the chargesheet.