The CBI has failed to prove the intention behind the act of molestation of 14-year-old Ruchika by former Haryana top cop SPS Rathore, his counsel told the Punjab and Haryana high court in Changidgarh today.
"The charge against Rathore is under section 354 of the IPC and in this offence, act of molestation and the intention has to be proved... there is no proof by the CBI that Rathore had an evil intention," Abha Rathore, wife-cum-counsel of Rathore told the court contesting the prosecution case.
"The person (Rathore) call the girls (deceased Ruchika Girhotra and her friend and prime witness Aradhana) to the Haryana Lawn Tennis Association at 12 noon as construction work was in progress at the site...
"The garage in which the alleged crime took place was open... at least 15 labourers were working at that time," Abha said while pressing that if nature of the site and the timing are seen did it appear that he (Rathore) had any intention to molest Ruchika.
Asserting that the act of crime as described by Aradhana was also "not proved", Abha contended that "how a person can embrace another while sitting across the table."
"Neither the CBI nor the counsel for Ruchika's family had explained how such an act was possible across the table."
She contended that Ruchika's signature in the memorandum must be verified or tested. "It is a case of forgery and manipulation."
The lower courts had ignored Rathore's plea that SC Girhotra, father of Ruchika, had allegedly demanded money from him to settle the case. "Girhotra used his daughter to extract money," she argued.
Questioning the fact finding report of the then DGP RR Singh in the case, Abha contended that it was "inadequate document submitted under the pressure of the government."
RR Singh's inquiry had no meaning and it was a waste paper as the administrative and departmental inquiry against Rathore, the then IG, could be done by the central government, Abha submitted.
"The statement made by Aradhana was when she was 13 or 14 years and in such age she could be influenced," she argued.
However, justice Jitendra Chauhan made an oral observation that Abha was raising a new point in the rebuttal which she cannot do.
"She (Aradhana) is very clever... she has also made contradictions in her testimony," Abha contended.
However, the judge made an oral observation that "she (Aradhana) is consistent in her assertions."
The case was adjourned till tomorrow.
Citing several judgements, Abha contended that child witness could be influenced or motivated in a case.
However, the Judge again made an observation that it was possible if the child is from a remote place and had little exposure.
Abha contended that no complaint was made about Ruchika's alleged molestation by Rathore and it was only Aradhana whose statement was accepted by the CBI.
The judge made an oral observation that several cases were slapped on Ruchika's brother after the incident and this fact cannot be ignored. "In all the cases he (Ruchika's brother) was discharged... no case was proved."
However, Abha contended that "in this case we are unequals as a honest man is targeted by rich 'baniyas' (a section of society) and media."
Rejected Abha's contention that a certain section of society targeted her husband, the judge made an observation that the country had already suffered a lot due to class divide in the society.
Ruchika, a budding tennis player, had committed suicide three years after she was molested by Rathore on August 12, 1990.
On May 25 this year, a local court awarded 18-month prison term to Rathore after which he filed a revision petition before the high court challenging his conviction.
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