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Vol. 1 No. 1 (2022): INAUGURAL ISSUE
Case commentary

SPS Rathore v. Central Bureau of Investigation (2016): Citation: 2016 SCC Online SC 985

Vipul Jaiswal
Rashtriya Raksha University

Published 2022-08-15

Keywords

  • indian evidence act,
  • indian penal code,
  • supreme court

How to Cite

Jaiswal, V. (2022). SPS Rathore v. Central Bureau of Investigation (2016): Citation: 2016 SCC Online SC 985. Prayagraj Law Review, 1(1), 18–24. https://doi.org/10.61120/plr.2022.v1i118 - 24

Abstract

This particular case where the main incident or the crime took place in 1990, where a minor girl of 14, named Ruchika Girhotra was sexually assaulted and her modesty was outraged, following which the family of the victim was also harassed by police as the accused was serving as an Inspector General of police. This resulted in the death of the victim when she committed suicide after 2 years of the incident as there was no sight of justice to be served.

It was only after almost 20 years, the High Court eventually sentenced him to ‘six’ months of imprisonment with a fine of mere 1000rs. on 22nd of December 2010. This was strongly opposed by the CBI and as a result a request for extension of the sentence was sought from 6 months to up to 2 years.

The Supreme Court of India upheld the judgment of the Chandigarh District Court and that of Special Court of the CBI and declared IG Rathore a convict, however, sentenced him to an imprisonment of just 6 Months on the grounds of health condition and age factor