After hitting out at the CBI for making a "compromise", the family of Ruchika Girhotra who ended her life three years after being molested by retired Haryana DGP SPS Rathore on Sunday said a fresh case would be filed against him for inclusion of abetment to suicide charge.
"We will file a fresh case for inclusion of Section 306 of the IPC (abetment to suicide)...the CBI earlier did not press for the inclusion of this section which could have resulted in a tougher sentence to the accused. I do not know why they made this compromise," Ruchika's father S C Girhotra told reporters here.
Rathore was convicted by a CBI court here in the molestation case and awarded a six-month jail sentence.
"We would seek trial of Rathore for the offence under 306 IPC," Girhotra said. The retired IPS officer was not tried at all under the section since the suicide of Ruchika on December 29, 1993. The 14-year-old budding tennis player committed suicide by consuming poison three years after she was molested by Rathore.
Rathore's lawyer meanwhile claimed that the "hype" created in Ruchika's molestation case cannot sustain in the light of the facts. Ajay Jain, who had been Rathore's counsel during the trial of Ruchika molestation case in Ambala court, told reporters that the matter with regard to addition of abetment to suicide charge "had already achieved the finality as the Supreme Court had earlier affirmed the verdict of Punjab and Haryana High court of setting aside the judgment of the trial court adding section 306 IPC in the trial".
Meanwhile, former CBI Joint Director R M Singh who was the in-charge of the probe, alleged that Rathore managed to get the charge of abetment of suicide dropped from the chargesheet besides making attempts to bribe officers handling the probe.
"The entire trial was conducted in consonance of the provisions of the code of criminal procedure. If any party had any grievance it could prefer an appeal or the revision as the case may be in the appropriate court of law," Jain said.
R M Singh claimed he had recommended molestation charges, including the charge of abatement of suicide, forging of document in his report and alleged the officer did make attempts to bribe him to influence his recommendations.
"What had happened later, I don't know because the file had gone to higher officers and Mr Rathore came to know about my recommendations," he said.
Explaining the possible reasons for the dilution of the case, he said final decision rests on the Director who acts after seeking legal advice on any case.
"May be the legal officers have not recommended the charge. I think there were elements to help him also--to see that the charge is not included," he alleged.
"He (Rathore) even stated that he was going to bribe me also and offered all the help when I was constructing my house," the former officer said.
Singh claimed that he had brought all these developments to the notice of his seniors and added that although Rathore tried his best to influence the probe, he was not successful initially.
The Ruchika family's counsel Pankaj Bhardwaj meanwhile suspected foul play in the inquest report of the teenager which blamed her death to excessive use of slimming pills. Bhardwaj also said he had no knowledge about the woman Veena Girhotra, whose signature figures in the witness column in the inquest proceedings which were carried out after Ruchika's suicide.
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