Abetment to suicide complaint filed against Rathore

As the noose tightened over the disgraced former top cop amid mounting pressure,the CBI has decided to appeal to seek enhanced punishment in the molestation case. Rathore got away with a lighter six-month jail term unleashing a national outrage.

In new developments surrounding the former Haryana top cop,Ashoo broke his silence after filing his fresh FIR—the third this week by Ruchika’s family against Rathore–at the office of the Superintendent of Police (SP),Panchkula.

Ashu alleged that his 14-year-old sister was driven to suicide after he suffered “third degree torture” in police custody. “Rathore used to personally supervise it,” Ashu said,adding false cases were also foisted on him.

Ruchika family’s lawyer Pankaj Bhardwaj said the police can arrest Rathore. Section 306 offence is cognisable and non-bailable,he said.

Home Minister P Chidambaram said the Centre will look into the case of molestation of Ruchika who committed suicide three years after the shocking incident in 1990.

The minister told reporters in Delhi he has told the family at their meeting on Wednesday that he would look into what the government could do.

Chidambaram did not hide his displeasure over the way the charges were framed and trial conducted.

“As Home Minister,I cannot pronounce any judgement. I am very unhappy with the way the charges were framed and the way the trial was conducted and the way the accused has been punished. I am unhappy,” Chidambaram told a press conference in New Delhi,a day after the family of Ruchika met him along with their lawyer.

The decision to file a fresh complaint was taken in the wake of the family’s meeting with Chidambaram on Wednesday,Bhardwaj said.

Bhardwaj said that in case the police registers the fresh FIR on their complaint the investigation would have to be completed within 90 days and the family would prefer a day to day trial against Rathore. “This is cognizable offence and the police have the power to arrest Rathore,” he said adding that the Panchkula Police was bound to register an FIR on their complaint.

Amid growing public pressure in the Ruchika molestation case,CBI decided to file an appeal for enhancement of six-month jail term of 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 to the hilt,” CBI spokesman Harsh Bahal said in New Delhi.

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.

Abha ,wife and counsel of Rathore submitted the copies of the two fresh FIRs lodged against the former top cop early this week in a local court on Thursday.

She went to the District Court complex here and submitted the copies of the two FIRs No.573 and 574 registered by the Panchkula Police against Rathore on Tuesday night following fresh complaints from Ruchika’s father Subhash Chander Girhotra and brother Ashu alleging among other things attempt to murder,torture and doctoring post-mortem report.

Submitting the copies of the FIRs she told the District Judge S P Singh that on the charge of harassment,the Haryana Government had earlier given a clean chit to the top cop.

Rathore had been even cleared by the Supreme Court in 2005 of the charge of harassment of Ruchika’s brother Ashu. The allegations,including his false implication in various cases,arrest and torture,levelled by Ashu were the same as those made in the fresh complaint filed by him on Tuesday,she added.

She said that Supreme Court had ruled in favour of Rathore. Abha was asked by the Judge to submit a copy of the Apex Court Judgment on Friday after she failed to produce the same on Thursday.

Apprehending arrest of her husband Abha pleaded for interim bail,but the Judge said that the matter would be taken up on Friday as it is already listed and she could submit other documents in her support.