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Court reserves orders in Ruchika case
AMBALA, DEC. 2. The special CBI designated court today reserved
orders till Dec. 5 on the CBI application for condoning the delay
in filing the charge-sheet against the Haryana Director-General
of Police, Mr. SPS. Rathore, in the decade-old Ruchika
molestation case.
The Chief Judicial Magistrate, Mr. A. K. Tyagi, took the step
after counsel for the two parties concluded their arguments.
Earlier, Mr. Dinesh Mathur, counsel for Mr. Rathore, argued that
the case against his client was time-barred. He said the delay in
starting the investigations and in taking cognisance were two
different subjects. Since Ruchika was dead, his client had lost
his right to cross examine her. He also claimed that Mr Rathore
was having to face a trial by media.
The defendent's counsel said while deciding on condonation of the
delay under Sec. 473 of the Cr PC, the court had to consider the
facts and circumstances of the case.
In his reply, the counsel for the CBI, Mr. Chandresh Sahai, said
the issue of delay was also stated before the Punjab and Haryana
high court and the supreme court by the accused. But the courts
had ordered the CBI to investigate the case. Hence the trial
court should condone the delay in the interest of justice.
The magistrate observed that the media should report objectively
and not make any subjective assessment as to the guilt or
Innocence of the accused.
The CBI has filed its chargesheet against Mr. Rathore under
Section 364 of the IPC on November 16. According to the
chargesheet, Ruchika, a tennis player and minor at that time, was
allegedly molested by Mr. Rathore in 1990.
- UNI
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