Beruflich Dokumente
Kultur Dokumente
CBI
.........Appellant.
Versus
C.B.I. ........Respondent.
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Versus
........Respondent.
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SPS Rathore Vs. CBI
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Versus
........Respondent.
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SPS Rathore Vs. CBI
J U D G M E N T
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43. The counsel for the CBI and counsel for the
complainant-revisionist have argued that learned
Chief Judicial Magistrate took a lenient view and
ordered the convict to undergo rigorous imprisonment
for a period of six months only and to pay a fine of
Rs.1000/-, in default of payment of fine to undergo
for a period of one month for committing an offence
under Section 354 IPC keeping in view the prolonged
trial, age of the accused and there was no allegation
in the past regarding such a conduct of moral
turpitude. Sentence awarded to the convict is
inadequate in view of the seriousness of the offence.
The mensrea in the present case is duly established
which is sine-qua-non in the offence. The act of the
convict was premediated. Since convict had visited
the house of the minor girl Ruchika on 11.8.1990 and
had requested her father not to send her abroad as he
would make the arrangement for providing her best
coaching. The learned trial Court has taken into
consideration age of the convict while awarding
sentence of imprisonment but failed to take into
consideration that girl molested was minor school
going and was playing tennis in the coaching centre
which was headed by the convict. When a minor girl is
molested a liberal view cannot be taken against the
convict. The prolonged trial in this case has been
due to the dilatory tactics adopted by the accused.
There was a fight between the unequals i.e. on the
one hand there was a teenaged girl who had decided to
fight for her right to battle with a senior officer
who have been the IG of the State of Haryana and
later on promoted as DGP of Haryana. On the contrary
said minor Ruchika was expelled from her school at
the behest of the convict but the learned trial Court
failed to take into account that minor girl was
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Pronounced on:
25.5.2010. (Gurbir Singh)
Addl. Sessions Judge,
Chandigarh.
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