Meritorious Service

Is Rathore an ordinary person? He is a retired DGP, living in a palatial bungalow with a hefty pension and bank balance. He and his family is entitled to the best possible medical treatment from PGI, Chandigarh, free of charge. His wife is a renowned lawyer in her own right.

How are these mitigating circumstances in awarding a lesser punishment?

Discretion is the problem in India.

I understand that Rathore' police medal has been taken back by the Government and we are still talking of meritorious service. What an irony?

·        IPC - Of hurt.

Section 354. Assault or criminal force to woman with intent to outrage her modesty.--Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

·        From - CRPC 1^ST SCHEDULE.

Chapter xvi – Offences against the human body.

 Section – IPC 354’

Offence – assult or use of criminal force to a woman with intent to outrage her modesty.

Punishment – Imprisonment for 2 years or fine or both.

Cognizable or non-cognizable – Cognizable.

Bailable or non-bailable – Bailable.

By what court triable – Any Magistrate.

For reduction of punishment Judge said about Rathore –

·        (I) Keeping in view his age – Valid ground.

·        (II) His medical background – valid ground.

·        (III) A dependent unmarried daughter who is suffering from congenital heart problem – Unvalid ground. 

·        (IV) His meritorious service record – Unvalid ground. 

·        (V) The fact that he spent more than 200 dates in the court during the trial. – Unvalid ground.

*Is it 200 dates in the court during the tria or 200 days in jail? If he is already in jail, then it is a valid ground, and the amount will be less otherwise invalid.

His track record and his qualification/post etc. are actually, disqualification. His pension and other facilities should also be withdrawn. With keeping his post/service in mind he should be severely punished. A police is to protect a weak person and if he only commit offence on a weak subject then what will happen? The judge who has passed such an observation/remark too shoud be disqualified.

It is a matter of shame for whole of the country.

For reduction of punishment Judge said about Rathore –

·        (I) Keeping in view his age – Valid ground.

·        (II) His medical background – valid ground.

·        (III) A dependent unmarried daughter who is suffering from congenital heart problem – Unvalid ground.

·        (IV) His meritorious service record – Unvalid ground

·        (V) The fact that he spent more than 200 dates in the court during the trial. – Unvalid ground.