Ruchika case: Rathore's conviction upheld, SC reduces sentence

Supreme Court today upheld the conviction of former Haryana DGP S P S Rathore in the Ruchika molestation case but reduced the 18 month jail term awarded to him to around six months already undergone by him in custody, keeping in view his advanced age as a "special case".
75-year-old Rathore, who was granted bail in 2010, escaped with around 12 months of incarceration, even as the apex court affirmed the finding about his guilt.
The retired IPS officer had challenged the 2010 judgement passed by the Punjab and Haryana High Court which had upheld the conviction and 18-month sentence awarded by the trial court for molesting 15-year-old Ruchika Girhotra, who had committed suicide in December 1993.

The apex court bench of Justices V Gopala Gowda and R K Agrawal said that considering his old age, "we do not think it expedient to put him back in jail".
"While we uphold the findings as to the guilt of Rathore, we are of the opinion that the cause of justice would be best sub-served when the sentence of the appellant-accused would be altered to the period already undergone.
"We, therefore, reduce the sentence of the appellant to the period already undergone by him as a special case considering his very advanced age," the bench said.

In its verdict, the court said "in the normal course of human conduct, this unmarried minor girl, would not like to give publicity to the traumatic experience she has undergone and felt terribly embarrassed in relation to the incident to narrate it to her parents and others, overpowered by a feeling of shame, and her natural inclination would be to avoid talking about it to anyone, lest the family name and honour is brought into controversy."

"In a tradition-bound non-permissive society in India, it would be extremely reluctant to admit that any incident which is likely to reflect upon chastity of a woman had occurred, being conscious of the danger of being ostracised by the society or being looked down by the society," it said.
"Although the statutory provisions provide strict penal
action against such offenders, it is for the courts to ultimately decide whether such incident has occurred or not.
"The courts should be more cautious in appreciating the evidence and the accused should not be left scot-free merely on flimsy grounds," the bench said.

In its judgement, the apex court said there was no scope for taking a view different from the view already taken by the high court and the trial court as "the occurrence of the overt act is well proved by the unimpeachable testimony of eye- witness - Aradhana."
"By the consistent evidence of Aradhana, the prosecution has proved beyond reasonable doubt the offence committed by the appellant under section 354 of the IPC. A charge under section 354 of the IPC is one which is very easy to make and is very difficult to rebut," the bench noted in its order.

The bench said they have not found any reason for her to depose falsely against Rathore and "there is, thus, every possibility that Ruchika could have been embraced by the appellant in the manner as described by PW-13 (Aradhana)".
It held that the issue regarding delay of about six days in presenting the complaint to the police in the case was "duly explained".
A magisterial court had held Rathore guilty of the offence under section 354 of IPC and had sentenced him to six months jail term.
A sessions court had on May 25, 2010 enhanced Rathore's jail term from six to 18 months while allowing the pleas of CBI and the Girhotra family.

Punjab and Haryana High Court had on September 1, 2010, dismissed his appeal challenging his conviction and the sentence, saying his conduct as a top official was "shameful".