Panchkula:
A special court in Panchkula on Wednesday dismissed pleas challenging CBI closure reports in two cases linked to Ruchika Malhotra molestation against disgraced former Haryana top cop SPS Rathore but allowed the petitioner to move the lower court.
Panchkula' Special CBI Judge Nazar Singh while going through the entire records of CBI's closure report in two cases, dismissed applications of Anand Parkash, who is a friend of Ruchika's father Subash Girhotra, while asking CBI magistrate court to give him an opportunity and pass a fresh order.
The CBI Magistrate court had accepted the closure reports of CBI in October last year.
The CBI had filed the closure report in the case of forging signature of S C Girhotra, Ruchika's father, and tampering with Ruchika's post-mortem reports, stating that the eyewitness accounts were not sufficient proof.
In the other case pertaining to custodial torture of Ashu Girhotra, Ruchika's brother, the CBI report mentioned that there wasn't enough evidence to prove the allegations.
"I will move the court in three to four days time," Parkash said, adding that "now these cases will in all probability be re-opened."
In its closure report, the CBI had written that the statement of Ashu, brother of Ruchika, was not corroborated by any independent witness, sources said.
However, Vijay Dheer, a neighbour of Ruchika, had given testimony that Ashu was paraded in the streets by police, they claimed, adding that in its closure report the CBI had not considered the testimony of independent witness.
Parkash had moved the CBI court last year against closure reports filed by CBI in the cases against Rathore, who was convicted on charges of molesting 14-year-old Ruchika Girhotra in 1990 when he was Inspector General of Police and is now out on bail.
She later committed suicide after the victim, her family and friends were allegedly harassed by the police. On December 22, 2009, after 19 years, 40 adjournments, and more than 400 hearings, the court finally pronounced Rathore guilty under Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs 1,000.
The CBI had opposed Rathore's plea and had sought an enhancement of his sentence from six months to the maximum of two years after his conviction.
Rejecting his appeal against his conviction, Chandigarh District Court on May 25 2011 sentenced the disgraced former police official to one and a half years of rigorous imprisonment, enhancing his earlier six-month sentence and immediately taking him into custody to the Burail prison.
On 11 November 2010, the Supreme Court granted bail to Rathore on the condition that he should not leave Chandigarh.