This Article is From Dec 30, 2009

Rathore's smile wiped off, bail denied

Panchkula: When SPS Rathore was sentenced a few weeks ago to six months in prison, he left court smiling, escorted by his wife. A man who once headed the police force in Haryana showed no remorse minutes after he was found guilty of molesting a teenager who went on to kill herself. India was incensed by that smile. (Watch: Rathore's killer smile)

On Wednesday, there was no trace of that smile as Rathore once again left court. (In Pics: Teen molester loses smile)

Technically, what transpired inside means that Rathore can be arrested. At the Panchkula Court in Haryana, Rathore asked for anticipatory bail in the two new police cases filed against him on Tuesday night by the friends and family of Ruchika Girhotra, the 14-year-old Rathore molested in 1990. Ruchika's family has now accused him of criminal conspiracy and fabricating records related to Ruchika's post-mortem after her suicide in 1993.

The judge will decide on Rathore's bail on the 1st of January. A request for interim bail was denied. While that means Rathore could be arrested, police sources say they'll wait till the judge's final decision on Friday.

Turning on the media, Rathore snapped, "The day you convince me that you are a constitutional power on judicial matters, I will speak (to you)." (Read & Watch: Rathore's angry outburst at media)

In court as well, Rathore's wife, who is lawyer argued that her husband is being tried by the media. She also said there are no grounds for new cases against him, and that all new accusations are fabricated.

Rathore was Inspector General with the Haryana police in 1990 when he molested Ruchika. She filed a complaint against him and a police inquiry found him guilty. No action was taken against him. Four successive chief ministers prevented a police case against Rathore; instead, they promoted him. He retired as Director General in 2002.

The six-month sentence he has been given is the result of a CBI investigation, won after exhaustive campaigning in 1999 by Ruchika's childhood friend, Aradhana Parkash and her father. Rathore has been granted bail in that case already. So it's the two new cases against him that are his main concern.

There's also the fact that the government is showing every sign of pushing for tougher charges against Rathore, mainly abetment of suicide. Legal experts have already said there are enough grounds to prove that Ruchika drank poison because of Rathore'e relentless persecution of her family after she accused him of molesting her. Ruchika's brother, Ashu, was sent to jail on false charges of theft. He was released immediately after she died.

More trouble for Rathore on Thursday?

  • 10 year sentence under section 306 of IPC: The charge under section 306 carries a maximum punishment of 10 years
  • Death penalty under section 305 of IPC, abetment of suicide of a minor: It's not clear if the family and government will opt to file the stilltougher charge under section 305 which carries the death penalty forabetting the suicide of a minor.
Hours after Rathore was denied bail on Wednesday, Ruchika's father, Subhash Chander Girhotra, met Home Minister P Chidambaram. Girhotra's lawyer says he briefed the minister about the case. Ruchika's father said the "minister gave us a patient hearing".

Just 24 hours before that, Law Minister Veerappa Moily told NDTV he wanted to see Rathore charged with abetment of suicide of a minor. If that happens, and Rathore is convicted, he could face the death penalty.

Ruchika's story has seared India's conscience. For years, Rathore used his position to protect himself, and to break the will of a young girl who dared to accuse him of assaulting her. A middle class family struggled after her death to fight for justice. A Public Interest Litigation (PIL) filed in Chandigarh wants action taken against anyone who shielded Rathore. The same PIL also wants to know why Ruchika was expelled by her school, the Sacred Heart in Chandigarh, an incident that shamed and depressed her.

Speaking to NDTV on Wednesday, Father Thomas Anchanikal, a spokesperson for the school, denied that Ruchika was expelled under pressure from Rathore. He said the school would share its reasons for the expulsion in court.
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