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2016 Supreme(Online)(SC) 636

SUPREME COURT
, J
S. P. S. Rathore v. CBI and Another
Criminal Appeal | Criminal Revision No. 1558 of 2010



Advocates:
For the Appellants/Petitioners: Shri. K. V. Viswanathan
For the Respondents: Ms. Vibha Datta Makhija, Shri. Vikas Mehta

The court confirmed the conviction for molestation under IPC Section 354, establishing the adequacy of witness testimonies and the importance of victim credibility over the accused's status.

Headnote:(A) Indian Penal Code, 1860 - Section 354 - Appeal against conviction for molestation - Accused was found guilty of molesting a minor - Credibility of witnesses established through introspection of events surrounding the incident - Conviction reaffirmed based on clear and compelling eye-witness testimony. (Paras 22, 24, 33)

(B) Criminal Procedure Code, 1973 - Section 473 - Delay in filing the charge-sheet condoned; permitted by the Court given the gravity of the charges and circumstances of the victim. (Paras 27, 31)

(C) Evidence - Quality of witness testimony is determinative in criminal cases; consistent and credible accounts can substantiate claims of molestation. (Paras 33, 34)

Facts of the case:
The appellant was convicted of molesting a minor girl, with corroborative evidence provided by an eyewitness who observed the act. After a protracted legal process, the High Court dismissed the appeal against the conviction.

Findings of Court:
The High Court upheld the findings regarding the accused's guilt while modifying the sentence to the time already served, taking into account the age and health of the accused.

Issues: Whether the charges under Section 354 of the IPC were proven beyond reasonable doubt, and if the delay in proceedings had negatively impacted the case.

Ratio Decidendi: The court emphasized the need for deep scrutiny into eyewitness accounts and affirmed that the absence of certain witnesses does not negate credible testimony; the accused's character and status were not sufficient to undermine the victim's credibility.

Result: Conviction upheld, sentence modified to time served.

Table of Content
1. factual background of the case. (Para 1 , 2)
2. overview of events leading to the complaint. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. details of the inquiry and formation of the memorandum. (Para 12 , 13 , 14 , 15 , 16 , 17)
4. examination of credible evidence. (Para 18 , 19)
5. analysis of legal standards regarding the case. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
6. final judgments regarding conviction and sentencing. (Para 35 , 36)

1. This appeal has been filed against the judgment and order dated 01/09/2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No. 1558 of 2010 whereby learned Single Judge of the High Court dismissed the revision petition filed by the appellant herein.

2. Brief facts:
(a) SPS Rathore - the appellant - accused, a member of the prestigious service of the country, was on deputation with Bhakhra Beas Management Board (BBMB), Chandigarh as Director (Vigilance & Security) at the relevant time. He also founded the Haryana Lawn Tennis Association (HLTA) in the year 1988.
(b) The office of HLTA was established in the garage of House No. 469, Sector 6, Panchkula, an under construction building owned by the appellant - accused which was divided into three portions wherein front portion was being used as the office of HLTA and the other two portions were being utilized by T. Thomas and Kuldeep Singh, Coach and Manager respectively of the Association for residential purposes. HLTA enrolled several member players who were mostly nearby residents of Panchkula on payment of monthly subscription.
(c) Ms. Ruchika (since deceased), daughter of Shri. S. C. Girhotra and Ms. Aradhana @ Reemu, daughter of Shri. Anand Prakash and Madhu Prakash (the complainant), both aged about 15 years, residents of Panchkula got themselves enrolled as members of the HLTA. Both of them were good friends and used to go together for practice at the Tennis court. The appellant - accused was also a frequent visitor to the said Tennis court. One day, when Ms. Ruchika informed the appellant - accused about her plan to go abroad, the appellant - accused met her father - Shri. S. C. Girhotra on 11/08/1990 in order to persuade him to not to send his daughter out of the country for specialized tennis coaching and promised that special coaching would be arranged for her at HLTA itself and also asked him to send Ruchika to his office on the very next day in connection with the same. Shri Girhotra informed the same to his daughter - Ruchika and asked her to meet the appellant - accused in his office on 12/08/1990.
(d) On 12/08/1990, Ms. Ruchika visited the house of Ms. Aradhana and told her about the visit of the appellant - accused to her house and also that he had called her in his office. When both of them were practicing in the tennis court, Paltoo - the ball picker, informed Ms. Ruchika that the appellant - accused had called her in his office. Accordingly, Ms. Ruchika along with Ms. Aradhana went to meet the appellant - accused who was standing outside the office at that particular point of time. The appellant - accused insisted them to come inside the office. On his insistence, both the girls went inside the office. The appellant - accused got fetched one chair which was occupied by Ms. Aradhana and Ms. Ruchika kept standing on the right side of Ms. Aradhana while the appellant - accused sat in his chair which was on the other side of the table. The appellant - accused requested Ms. Aradhana to call for Mr. Thomas - the Coach. Accordingly, Ms. Aradhana went outside leaving behind the appellant - accused and Ms. Ruchika in the office. Ms. Aradhana asked the person who fetched the chair for her in the office to inform the Coach to come to the office of the appellant - accused. However, the Coach refused to come.
(e) Immediately thereafter, when Ms. Aradhana returned to the office, she witnessed that Ms. Ruchika was in the grip of the appellant - accused, who was holding one hand of Ruchika in






































































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