Chandigarh, May 25
In what could be termed as a historic judgment, the court has today in its 103-page order in Ruchika Girhotra case, put on record that the legal battle was between two unequals.
The court observed that “the convict has no remorse for the wrong committed by him. Every witness of this case had to face allegations in one form or the other and attempt was made to catch them in a well-woven legal web.”
“Although the convict deserves maximum punishment that is prescribed for offence under Section 354 of the IPC but keeping in view the age of the convict, his medical background, his dependent unmarried daughter, who is suffering from congenital heart problem, his meritorious service record and the fact that convict spent more than 200 dates in the court during trial of the case, the purpose of law would be met if convict is awarded sentence of rigorous imprisonment for 1˝ years, ” the court ruled.
Coming down heavily on the trial court, Additional District and Sessions Judge Gurbir Singh said: “In a case in which the convict deserved maximum sentence, the trial court erred by awarding rigorous imprisonment of six months to the convict. The court was required to minutely consider the conduct of the convict after the occurrence and during trial of the case. Cross-examination of Aradhana was conducted in 152 pages and of other prosecution witnesses, including Anand Parkash, Madhu Parkash, Manish Arora, Dr. Naresh Mittal and SC.Girhotra, was conducted in 26 pages, 124 pages, 40 pages, 62 pages and 152 pages, respectively. No doubt, every accused has got right to cross-examine the witness but no one has got right to drag the cross-examination to such an extent. Such a lengthy cross-examination of the witnesses prove that they were put on trial and the accused was not facing trial.”
More excerpts
As a police officer, Rathore’s role was to protect the public. As president of the Haryna Lawn Tennis Association his role was to train young budding players for India. But he failed. Due to his behaviour, people are now afraid to send their girls to playgrounds. Due to such persons, our nation is lagging behind in every sports discipline. As long as such persons are at the helm of affairs of sports associations, the participation of women in games cannot be increased and real talent cannot be brought forward to represent the country.
The trial court held that allegations are of moral turpitude. Such allegations are serious in nature pertaining to the circumstances when the victim was minor. Liberal view cannot be taken.
Ruchika, who was studying in the Sacred Heart Convent School, Sector-26, Chandigarh, was expelled from the institute on 19.9.1990. The daughter of convict was also studying in the same school. The expulsion of Ruchika from the school was result of direct or indirect influence of convict on the school authorities.
