The case against Dera chief Possible rulings today

The case against Dera chief Possible rulings today

The allegations
Sexually exploiting girls or ‘sadhvis’ at a hostel on the Dera Sacha Sauda premises in Sirsa. The case revolves around two alleged victims, who were teachers at a school of the dera.

The genesis 
On receiving an anonymous letter in 2002, the Punjab and Haryana High Court asks the Sirsa Sessions Judge to inquire, who in turn says sexual exploitation cannot be ruled out. HC hands over the case to the CBI on September 24, 2002, which registers FIR on December 12, 2002.

Case progress
CBI records victim’s statement in July 2006; challan is presented on July 30, 2007; charges are framed in September 2008; the trial commences. The victims are examined multiple times over more than 18 months. The dera head’s statement is recorded in 2014.

‘Dera head impotent’
In his defence, the dera head tells the court, “Since 1990, I am not medically or physically fit to do sex with anyone. I am not potent.”

Oldest case
One of the oldest criminal cases in the region, the case reached the final stage after 15 years. The accused takes the defence that the women recorded their statements after more than six years of the alleged incident; and in 2003, the women had not levelled the rape charge. The CBI claims the victims did not have previous enmity with him.

POSSIBLE RULINGS TODAY
2 charges: Rape, under Section 376; and criminal intimidation, under Section 506 of the IPC1 Convicted only of rape
Implication: Faces rigorous imprisonment of not less than seven years, plus a fine. Sentence may extend to imprisonment for life. No bail, goes to jail.

2 Convicted only of criminal intimidation
Implication: Imprisonment up to two years, plus possible fine. Sentence will be suspended.

3 Convicted of both charges
Implication: Sentences of up to seven and two years, likely to run concurrently; plus fine. No bail, immediate prison.

4 Convicted of outraging modesty (Sec 354, IPC)
Implication: Imprisonment up to two years, plus possible fine. Sentence will be suspended.

5 Acquitted of both charges
Implication: Walks free.(A court suspends the sentence if imprisonment does not exceed three years. Both CBI and dera head can file appeal against an adverse verdict)

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