Here Charitable Individualism is the key!… nothing less.

Rathore, the  President’s medalist retired Director General of Police of Haryana and convicted molester of  Ruchika, was shown getting out of the trial courts, after the delivery of sentence of 6 months of imprisonment, in most of the TV channels.

As a DGP he must have been aware of section 375 of the Indian Penal Code  which defines rape and mentions: “sixthly- with or without her consent, when she is under sixteen years of age”. Ruchika was 14 years old when she was “MOLESTED”.

The crux of the issue is that for any offence in the IPC, unless ATTEMPT is made punishable in a charging section, there is no provision to charge a person for “ATTEMPT”. For example s. 307 is the charging section for Attempt to murder, s.309 is the charging section for Attempt to suicide, whereas there is no section “ATTEMPT TO RAPE”, therefore the police and the courts go with section 354, which is titled,”Assault or criminal force to woman with an intent to outrage her modesty”. The maximum punishment prescribed upon conviction is 2 years. Andhra Pradesh by an amendment to this section 354 of IPC, prescribed a minimum punishment of 5 years and a maximum of 7 years. No other state had recognized this lacuna and therefore that SMILE  on the face of Rathore.

If Mr.Rathore had been convicted under section 354 IPC within the state of Andhra Pradesh, he would have received a higher sentence.

One might wonder if Mr.Rathore would have had a smirk on his face if he had been sentenced for 7 years instead of the 6 months awarded to him.

I remember a Thamizh poem written after the assassination of Mrs.Indira Gandhi thus, “IMAI IDHITHTHU KANN KURUDAAGIYADHU”, which when translated into English would mean, “The eyelids struck like lightning and blinded the eyes!” The very eyelids which were to protect the eyes from lightning, struck like lightning and blinded the eyes. How apt, in the context that the very same guards who were to protect the person of Mrs.G, assassinated her! Mr.Rathore’s ATTEMPT TO RAPE, is nothing short of what the assassins did. He being a police officer, should have protected Ruchika, instead he had molested her. Like the prescription of higher sentence to Prison Superintendents and Medical staff in  hospitals for the offence of RAPE, any police officer when convicted of RAPE, should be inflicted with higher /exemplary punishment.

Hope Ruchika’s family gets Justice, despite the lacuna in our IPC.

Comments on: "Rathore’s Smile/smirk!" (2)

  1. excellent observation, it makes it more important though, to have uniform criminal law across the counrty, specially in the matters of social concern like the rights of women and the children, like in the case of Ruchika.

    There is great pressure on the govt to correct its flaws, engineered by the beuracratic set of and rich, and powerfull of this nation.

    Many stringent laws are needed, one step forward by the Home Minister was to make it compulsory to register FIR in cases with congnisens.


  2. movid said:

    ADILMOHD, Thanks for yr comment and kind words. Yet i cannot agree with yr para wherein u had said “engineered by bureaucratic set of rich ..” as these laws, like the Indian Penal Code, have been inherited from the colonial masters and are yet to be viewed thru the spectrum of DEMOCRATIC norms instead of IMPERIAL ASPIRATIONS and updated from time to time!
    The point i was reiterating was that when AP could amend the law(s.354 IPC), why did not the other states follow suit, realizing the lacuna in the legal framework? Methinks, States do not keep track of the amendments made by other states and do not give importance to the debates in other Assemblies.
    In our eagerness to be “CENTRALIZED” we miss the good parts of other states.


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