CBI today decided to file an appeal for enhancement of jail term of convicted former Haryana Police chief SPS Rathore.
Amid growing public pressure on Ruchika molestation case, CBI today decided to file an appeal for enhancement of jail term of convicted former Haryana Police chief SPS Rathore and said it was examining the possibility of charging the accused with abetment of suicide.
"It is felt that six months imprisonment and fine of Rs 1,000 is far inadequate specially when the chief judicial magistrate, Chandigarh, in his judgement concluded that the offence has been proved upto hilt," CBI spokesman Harsh Bahal said here.
He said the CBI had consultations with Home and Law Ministries after which it was decided to file an appeal in the competent court for enhancement of sentence to Rathore under 354 IPC (molestation). The maximum sentence provided in law is
two years of imprisonment and a fine.
As far as the applicability of Section 306 of IPC relating to abetment of suicide in the Ruchika case is concerned, the legal experts of the CBI are examining the issue to suggest further course of action. "The advice of the Solicitor General of India will also be taken before finalising the view of CBI on this issue," the spokesman said.
The six-month punishment for Rathore saw widespread protests from the civil society and the media following which the CBI as well as both the Centre and state governments started re-visiting the case.
The Haryana police has already registered two fresh cases against Rathore. He attempted to get an anticipatory bail but failed to get an immediate relief.
CBI also issued the relevant paragraphs of the judgement which said "...the CBI argued that the guilt of the convict is proved upto hilt. The CBI counsel stated that the object of the sentence should be to see that the crime does not go
un-punished.
"The guilt of the convict has already been proved upto hilt. The allegations against the convict were that he assaulted and used criminal force against victim Ruchika with intention to outrage her modesty and during this process, he caught hold of her hand and with his other hand caught hold of her waist, dragged her towards him and embraced her against her will and thereby outraged her modesty."
"The allegations against the convict are proved in the present case," the judgement said. The allegations are of moral turpitude, it said noting that such allegations are serious in nature, particularly in the circumstances when the victim was minor.
"In such circumstances, liberal view can not be taken against the convict. However, the prolonged trial and the age of the convict can be considered while passing the order on quantum of sentence. The arguments that the prosecutrix was not the complainant in the present case is not helpful to the convict because it has already been dealt with in the judgement and it makes no affect on the quantum of sentence," the judgement said.
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