After discussing the matter with the home and law ministries, the Central Bureau of Investigation (CBI) has finally admitted that the sentence given to former Haryana chief, SPS Rathore, in the Ruchika Girhotra molestation case was not enough. The agency has on Thursday decided to file an appeal in the court at Chandigarh for enhancement of the jail term under Section 354 (molestation). The CBI is also reportedly going to now look at the abetment of suicide (306) charge against Rathore, said a source.
CBI spokesperson Harsh Bhal said, ?The maximum sentence provided in law under Section 354 is two years imprisonment and a fine. It was felt that six months imprisonment and a fine of Rs 1,000 is inadequate especially when the CJM, Chandigarh, in his judgement concluded that the offence has been proved. So, we have already started the process for going into appeal for enhancement under Section 354 of the Indian Penal Code?.
On the applicability of Section 306 IPC in the case, Bhal stated that the CBI?s legal experts are examining the issue to suggest the next course of action. The advice of the Solicitor General of India will also be taken before finalising the CBI?s view.
Sources say that if it is decided that Section 306 should be applied, a new team would look into the matter.
The CBI issued the relevant paragraphs of the judgement today saying, ?The CBI argued that the guilt of the convict is proved upto the hilt. The public prosecutor stated that the object of the sentence should be to see that the crime does not go un-punished…PP argued that convict was a high rank police officer and his duty was to protect others and he has indulged in such type of offence. PP pressed that in such circumstances, the convict may be punished with highest imprisonment as provided by law?.