The noose is tightening around former Haryana DGP SPS Rathore. To fast-track justice in Ruchika case, the Centre is now considering an ordinance to notify the proposed Sexual Offences Special Courts Bill. The government is also proposing an amendment in the Indian Evidence Act to build a solid case against the accused.
The proposed law, if passed, would make it mandatory to conclude the trial of cases relating to sexual offences within six months. The bill will be taken up right away, instead of waiting for the next parliament session, to save the time taken by normal legislative process. This is to have an effective law in place by the time the CBI is ready to file chargesheet in the fresh FIR of abetment of suicide against Rathore.
While his ministry works to get the proposed amendments in the Indian Evidence Act done, law minister Veerapa Moily hopes that Tuesday’s Supreme Court ruling does not obstruct the prosecution in securing justice in Ruchika’s case. The apex court had said on Tuesday that “in order to convict a person under section 306 (abetment to suicide), there has to be a clear mens rea (clear intent) to commit the offence”.
“The abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing,” a bench of justices Dalveer Bhandari and AK Patnaik had said.
The law minister has studied the ruling. “That’s why we are making amendments in the Evidence Act. It will give us a grip on the case. The amendment will help ensure that such cases are closed within six months,” Moily said.
He said the evidence against Rathore was direct and Ruchika’s death should be the focus. Therefore, fresh investigation is being conducted to book him under Section 305 or Section 306 of the IPC for abetment of suicide.
