Centre to slap abetment of suicide charge on Rathore

NEW DELHI: The long arm of the law seemed to be catching up with former Haryana DGP S P S Rathore with the Centre indicating its preference for
slapping Section 305 (abetment of suicide of a minor) against him. The charge stipulates a minimum punishment of a 10-year jail term and a maximum punishment of death.

The Centre's stance was spelt out on Wednesday by Union law minister Veerappa Moily. He said the possibility of using this severe law against Rathore was being explored by his ministry. He told TOI: "The state should ideally give the investigations into the fresh FIRs to the CBI as it had probed the case earlier and suicide should be the central theme of the investigation now, which was not done earlier," the minister said. "The focus of the earlier probe should have been the abetment of suicide of Ruchika who was only 14 years when she was molested," he added.

It's, however, not known whether Section 305 can be invoked in this case. This is because Ruchika had turned a major on February 6, 1993, while she killed herself on December 29, 1993. Some legal experts feel that the section can still be invoked because during the bulk of the three-year period during which Rathore tormented the family, leading to Ruchika's suicide, the girl was still a minor.

It's pointed out that as a minor Ruchika suffered the trauma of being expelled from her school, of helplesly watching a dozen false cases being slapped against her brother, of his torture in custody and her father's utter helplessness in the face of the state's might being brought against the family. These deep scars, say the experts, played a critical role in forcing her to take her own life.

In case the technicality of Ruchika having become a major at the time of her suicide were to determine the application of the law, Section 306 (abetment of suicide of a major) would be invoked which carries a maximum punishment of 10 years imprisonment.

Moily's statement of government intent came on the day when Ruchika's father, Subhash Gihrotra, met Union home minister P Chidambaram in Delhi. An outraged law minister said the Ruchika case has wounded the national psyche and it should serve as an example to make the laws tougher so that no one is allowed to get away with a heinous crime.

He said Rathore by adopting such tactics, which allowed him to get away with a light sentence of 6 months imprisonment and Rs 1,000 fine, has "subverted the rule of law, which is a far more serious offence". He added, "Had the investigating agency focused on probing Rathore for the offence under Section 305, the crime would have been viewed by the courts in a different light."

Moily said Ruchika's sad story would not be allowed to be repeated as the government is in the final stages of drafting Sexual Offences (Special Courts) Bill, 2010 which provides for all sexual offences, molestation and rape, to be tried within a time-bound period of 6 months by sepcially desginated courts where the accused would be barred to question the character of the victim.

Source : TOI