M A I N   N E W S

ruchika molestation and suicide case
NCW for appeal against verdict
Forms panel to see how justice was subverted; law of torts to be invoked to get Ruchika’s family compensated for torture
Aditi Tandon
Tribune News Service

New Delhi, December 23
Public outrage over the alleged subversion of justice in the Ruchika Girhotra molestation case might just be building up, with the National Commission for Women (NCW) today stepping in to undo the wrong.

In a letter to Haryana Chief Minister Bhupinder Singh Hooda, panel chairperson Girija Vyas has asked the state to prefer an appeal against the near-acquittal of Ruchika’s molester SPS Rathore, who got six months in prison for a crime that claimed the teenager’s life. Extreme shock was yesterday expressed in the Rajya Sabha over the judgment that steered clear of the gravity of the offence committed by Rathore, who even managed a promotion.

The NCW today sought to represent public resentment on the turn of events, and set up a five-member panel of expert lawyers to determine if rules were bent to weaken the case and protect the guilty.

“We must find out why relevant IPC sections were not incorporated in the FIR against Rathore. It is learnt that the charge of abetment to suicide was first slapped, but later withdrawn. Truth of the matter must surface,” Vyas told The Tribune.

The lawyers would trace sequence of events from the day Ruchika complained against Rathore to the then Home Secretary of the state. “We will determine whether subversion of law began from that moment onwards, leading to the events, including slapping of theft cases against Ruchika’s brother, harassment of her family and her suicide.”

“Prima facie, it appears every attempt was made to get the child to withdraw the case,” said one of the lawyers, who would assist the commission in finding the truth. It, however, remains to be seen how much the facts will surface 19 years after the crime was committed.

The NCW has also asked the committee to invoke the law of torts and fix tortuous liability of the molester, who caused harassment to the victim’s family. “We will see to it that the family of Ruchika gets civil damages for the tortures inflicted upon them. The committee has been authorised to determine the extent of tortuous liability and recommend damages,” Vyas said.

The NCW has appealed to the government to clear the long-pending Prevention of Sexual Assault Bill that provides for protection of and compensation to victims of sexual assault. “I have written to the Home Minister and the Law Minister to speed up the passage of the law,” Vyas said, adding that certain states were yet to send their suggestions on the law.

CBI mulls moving plea to enhance sentence
Smriti Sharma Vasudeva
Tribune News Service

Chandigarh, December 23
The CBI is contemplating to move an application for enhancement of the sentence awarded to former Haryana DGP SPS Rathore in the Ruchika molestation case.

Ever since the special CBI magistrate pronounced the sentence of six-month rigorous imprisonment to Rathore, the quantum of punishment has become a matter of discussion across the nation.

Though a senior CBI official said it was premature to say anything at this stage, he was quick to add that the CBI would thoroughly examine the contents of the judgment and would proceed for enhancement of the sentence, if there strong grounds were found for doing so. Special counsel engaged by the CBI CS Sharma, who has been on this case for 19 years, also feels the quantum is not enough. “Though I have yet to read the judgment, in my opinion, the sentence awarded to the accused is very lenient and it should be the maximum sentence provided for the offence. The offence is a serious one, one which involves moral turpitude,” he said.

RK Gaur, Press Information Officer, CBI headquarters, New Delhi said, “Once we get the copy of the judgment, our legal officers will study it thoroughly and appropriate decision will be taken by the competent authority.”

Meanwhile, the prosecution and the defence will also have to keep up with the time frame to move their respective applications. With the court’s judgment on December 21, the appeal, if any, by the accused and the application by the prosecution for enhancement of the sentence will have to be filed by January 20. With the courts closing for winter break till January 3, both parties will be left with barely a fortnight for doing so.

Furthermore, if the application for enhancement has to be moved, the CBI will have to seek permission of the Government of India, which is likely to take a few days.