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This is an archive article published on December 28, 2009

CBI took 7 years to examine 16 witnesses

If S P S Rathore,the former director general of Haryana Police,managed to delay the Ruchika molestation case for nearly two decades by taking petty grounds as reason for adjourning or transfer of trial from one court to the other,the Central Bureau of Investigation did its bit too.

If S P S Rathore,the former director general of Haryana Police,managed to delay the Ruchika molestation case for nearly two decades by taking petty grounds as reason for adjourning or transfer of trial from one court to the other,the Central Bureau of Investigation (CBI) did its bit too. It took the premier investigating agency seven years to complete evidence of only 16 prosecution witnesses in the case.

There was no stay by any higher court with regard to examination of witnesses by the investigating agency.

The Punjab and Haryana High Court had ordered completion of investigation of the case and filing of chargesheet expeditiously,“preferably within six months”. A year after the order was passed,the CBI filed the chargesheet in the lower court on January 3,2001. The only offence under which Rathore was booked was molestation. No charge of abetment to suicide was made against Rathore by the investigating agency.

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After filing of the chargesheet in 2001,the CBI completed evidence of 14 prosecution witnesses in the first week of December 2006. It took two years for the prosecution to record evidence of the remaining two prosecution witnesses.

On the other hand,the defence counsel took nine months to complete examination of 13 out of the total 17 witnesses.

“There is no doubt that Rathore managed to delay the case by accusing the judges of bias against him and levelling frivolous allegations against witnesses,lawyers and media. He managed to get the case transferred from one court to the other. But seven years taken by the prosecution to examine the witnesses cannot be ignored. It is simply unjustifiable,” said advocate Pankaj Bhardwaj,lawyer for Ruchika’s family.

Rathore also banked on the delay caused by CBI. In one of the applications filed by Rathore seeking transfer of trial from Patiala to some other court,he had highlighted as to how CBI took so much time to complete the prosecution evidence.

TIMELINE

January 3,2001:CBI files chargesheet only under Section 354 (molestation)

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October 8,2001:Counsel for Anand Parkash moves an application demanding addition of abetment to suicide (306 of IPC) against Rathore

October 23,2001:Special CBI Judge,Ambala,Jagdev Singh Dhanjal allows the application adding offence of abetment to suicide

February 12,2002:On a revision petition filed by Rathore,Justice R C Kathuria drops the charge of 306

July 2007:CBI completes prosecution evidence of 14 witnesses

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