Chandigarh: The CBI has failed to prove the
intention behind the act of molestation of 14-year-old Ruchika
by former Haryana top cop SPS Rathore, his counsel told the
Punjab and Haryana High Court here today.
"The charge against Rathore is under section 354 of the
IPC and in this offence, act of molestation and the intention
has to be proved... there is no proof by the CBI that Rathore
had an evil intention," Abha Rathore, wife-cum-counsel of
Rathore told the court contesting the prosecution case.
"The person (Rathore) call the girls (deceased Ruchika
Girhotra and her friend and prime witness Aradhana) to the
Haryana Lawn Tennis Association at 12 noon as construction
work was in progress at the site...
"The garage in which the alleged crime took place was
open... at least 15 labourers were working at that time," Abha
said while pressing that if nature of the site and the timing
are seen did it appear that he (Rathore) had any intention to
Asserting that the act of crime as described by Aradhana
was also "not proved", Abha contended that "how a person can
embrace another while sitting across the table."
"Neither the CBI nor the counsel for Ruchika`s family had
explained how such an act was possible across the table."
She contended that Ruchika`s signature in the memorandum
must be verified or tested. "It is a case of forgery and
The lower courts had ignored Rathore`s plea that SC
Girhotra, father of Ruchika, had allegedly demanded money from
him to settle the case. "Girhotra used his daughter to extract
money," she argued.
Questioning the fact finding report of the then DGP R R
Singh in the case, Abha contended that it was "inadequate
document submitted under the pressure of the Government."
R R Singh`s inquiry had no meaning and it was a waste
paper as the administrative and departmental inquiry against
Rathore, the then IG, could be done by the central government,
"The statement made by Aradhana was when she was 13 or 14
years and in such age she could be influenced," she argued.
However, Justice Jitendra Chauhan made an oral observation
that Abha was raising a new point in the rebuttal which she
"She (Aradhana) is very clever... she has also made
contradictions in her testimony," Abha contended.
However, the Judge made an oral observation that "she
(Aradhana) is consistent in her assertions."
The case was adjourned till tomorrow.