M A I N   N E W S

HC gives no relief to Rathore
Saurabh Malik/TNS

Justice Chauhan added: “People with privilege and power must be conscious of their prestige. If they prostitute their power and position, punishment should be in proportion to the crime”.

With this, it is clear that the former director-general of police, behind bars for more than 100 days, will continue to serve the enhanced sentenced of 18 months - at least for the time being.

The pronouncement came just over three months after the first appellate court enhanced Rathore’s sentence from six months for outraging the modesty of his daughter’s classmate.

Rathore’s wife-cum-counsel Abha Rathore refused to comment on the judgment, saying she was yet to go through it. But made clear her intentions of moving the Apex Court by asking for a dasti copy of the judgment.

Reading out the operative part of the 108-page orders in the open court, Justice Jitendra Chauhan ruled: Not only has the eye-witness been found to be truthful, but at the same time the evidence of defence witnesses have failed to inspire any confidence in the courts below as also before this court. Hence, no interference is called for in the findings recorded by the learned lower appellate court, vide which the conviction of the petitioner has been maintained”.

Declining the prayers for Rathore’s release on probation, Justice Chauhan quoted Rathore’s counsel to say there were mitigating factors, including his old age, heart ailment, protracted trial, responsibility of looking after unmarried daughter suffering from congenital heart disease, past meritorious service and claim for pension.

But “there are certain aggravating factors, on the consideration of which, this Court is unable to grant of benefit of probation to the petitioner”. Justice Chauhan asserted: “The most relevant factor in this regard is the official position held by the petitioner, vide which he was supposed to act as a guardian and protector not just for his immediate family, but to the entire society.

“The responsibility put on the petitioner, by the system of which he was an important functionary, was completely betrayed by him.

“The question whether the petitioner is entitled to the benefit of probation is best answered by posing another question - But who is to guard the guards themselves?”

l Justice Jitendra Chauhan asserted: “There is sufficient evidence and corroboration in the instant case to establish the guilt of the petitioner.”

l  Behind bars for more than 100 days, Rathore will continue to serve the enhanced sentenced of 18 months.