<p>The Supreme Court on Thursday directed self-styled godman facing rape charges, Nithyananda, to undergo potency test and slammed the Karnataka police as well as the accused for delaying the progress in the four-year-old case.<br /><br /></p>.<p>A bench of Justices Ranjana Prakash Desai and N V Ramana noted “atrocious delay” in the case and refused to interfere with a Karnataka High Court’s order of July 16, asking Swamy to undertake medical test and give blood and voice sample, required for investigation of the rape case registered on March 4, 2010.<br /><br />“We must express our extreme displeasure about the manner in which the instant proceedings are dealt with by the accused as well as the prosecution. The prosecution is still required to conduct further investigation. The accused are obviously not cooperating with the investigating agency,” the bench said.<br /><br />“The prosecution must gear up its efforts so that the trial begins. This case brooks no further delay. The accused are also expected to cooperate with the court or else adverse inference may have to be drawn against them,” it added.<br /><br />Swamy, facing charges of rape and indulging in unnatural sex, was arrested on April 22, 2010. He was, however, granted bail on June 11, 2010.<br /><br />The 37-year-old, who founded an ashram with its headquarters in Bangalore, approached the apex court contending that he had already undergone the medical test after his arrest. <br /><br />Senior advocate Mohan Prasaran, representing Swamy and advocate Nishant Patil, appearing for other accused, also contended that the HC had not given them proper hearing.<br /><br />Appearing for Karnataka’s crime branch police, senior advocate M N Rao and advocate Joseph Aristotle countered them stating that the petitioners had delayed the matter and even challenged the appointment of the public prosecutor.<br /><br />The court, which saw merit in the state government’s stand, said, “It is distressing to note that the petitions were kept pending at admission stage for almost over three years.”<br />The court rejected Swamy’s plea, saying that if the accused was entitled to get any benefit because of the delayed medical examination, he could surely urge that point in the trial but he must submit himself to medical examination.<br />In its verdict, the court provided relief to Gopal Reddy by quashing charges of harbouring the prime accused after finding that there was no substantial material to support the allegation.<br />Tamil actress Ranjitha Menon, whose purported CD with Swamy had led to registration of criminal cases, sought for impleadment in the case but her plea was rejected by the court. She had claimed that she was wrongly projected as a victim in the case.</p>
<p>The Supreme Court on Thursday directed self-styled godman facing rape charges, Nithyananda, to undergo potency test and slammed the Karnataka police as well as the accused for delaying the progress in the four-year-old case.<br /><br /></p>.<p>A bench of Justices Ranjana Prakash Desai and N V Ramana noted “atrocious delay” in the case and refused to interfere with a Karnataka High Court’s order of July 16, asking Swamy to undertake medical test and give blood and voice sample, required for investigation of the rape case registered on March 4, 2010.<br /><br />“We must express our extreme displeasure about the manner in which the instant proceedings are dealt with by the accused as well as the prosecution. The prosecution is still required to conduct further investigation. The accused are obviously not cooperating with the investigating agency,” the bench said.<br /><br />“The prosecution must gear up its efforts so that the trial begins. This case brooks no further delay. The accused are also expected to cooperate with the court or else adverse inference may have to be drawn against them,” it added.<br /><br />Swamy, facing charges of rape and indulging in unnatural sex, was arrested on April 22, 2010. He was, however, granted bail on June 11, 2010.<br /><br />The 37-year-old, who founded an ashram with its headquarters in Bangalore, approached the apex court contending that he had already undergone the medical test after his arrest. <br /><br />Senior advocate Mohan Prasaran, representing Swamy and advocate Nishant Patil, appearing for other accused, also contended that the HC had not given them proper hearing.<br /><br />Appearing for Karnataka’s crime branch police, senior advocate M N Rao and advocate Joseph Aristotle countered them stating that the petitioners had delayed the matter and even challenged the appointment of the public prosecutor.<br /><br />The court, which saw merit in the state government’s stand, said, “It is distressing to note that the petitions were kept pending at admission stage for almost over three years.”<br />The court rejected Swamy’s plea, saying that if the accused was entitled to get any benefit because of the delayed medical examination, he could surely urge that point in the trial but he must submit himself to medical examination.<br />In its verdict, the court provided relief to Gopal Reddy by quashing charges of harbouring the prime accused after finding that there was no substantial material to support the allegation.<br />Tamil actress Ranjitha Menon, whose purported CD with Swamy had led to registration of criminal cases, sought for impleadment in the case but her plea was rejected by the court. She had claimed that she was wrongly projected as a victim in the case.</p>
