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2003 Supreme(P&H) 1693
PUNJAB AND HARYANA HIGH COURT
K.S. Garewal, J.
Vijay Mahajan - Appellant
Versus
State of Haryana - Respondent
Criminal Appeal No. 784-SB of 1998.
Decided On : 19 December, 2003
For the Appellant :Mr. R.S. Cheema, Senior Advocate with Mr. Hemant Saini, Advocate.
For the Respondent: Mr. Sandeep, AAG, Haryana.
The central legal point established in the judgment is the misuse of official position by a public servant to induce a sexual relationship, leading to a finding of guilt under Section 376-B of the Indian Penal Code.
Headnote:
rape - employment - Indian Penal Code Section 376, Section 376-B - The court discussed the relationship between the accused, a public servant, and the victim who sought employment. The court analyzed the evidence, including the victim's statement, medical evidence, and witness testimonies, and concluded that the accused misused his position to induce a sexual relationship with the victim. The court found the accused guilty under Section 376-B of the Indian Penal Code.
Fact of the Case:
The case involved the accused, a public servant, who was found guilty of raping the victim, a young woman seeking employment as an apprentice architect. The victim's interactions with the accused, including visits to his office and residence, led to multiple instances of sexual exploitation.
Finding of the Court:
The court found the accused guilty under Section 376-B of the Indian Penal Code for inducing a sexual relationship with the victim by misusing his position as a public servant.
Issues: The issues revolved around the nature of the relationship between the accused and the victim, the victim's consent, and the accused's misuse of his official position to exploit the victim.
Ratio Decidendi: The court concluded that the accused, as a public servant, had induced a sexual relationship with the victim by misusing his position, leading to a finding of guilt under Section 376-B of the Indian Penal Code.
Final Decision: The appellant's conviction was converted from one under Section 376 to one under Section 376-B of the Indian Penal Code. The appellant was sentenced to undergo the period already served and pay a fine of Rs. 1.00 lac, with default leading to rigorous imprisonment for 6 months. The fine, if recovered, was to be paid to the prosecutrix.
K.S. Garewal, J. - Vijay Kumar Mahajan (49) was sent up for trial before the Court of Sessions, Ambala for having raped Krishna @ Kiran (21) while he was working as Additional Chief Architect, Haryana and Krishna had been meeting him for a suitable job as an apprentice Architect. The learned Sessions Judge found the appellant guilty under Section 376 Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and pay a fine of Rs. 30,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. The appellant has come up in appeal.
2. This case revolves around the relationship which Vijay Mahajan enjoyed with Krishna between November 1996 and February 13, 1997. Was the Additional Chief Architect a victim of the machinations of an ambitious young Architect on the look out for a job or was the young woman a victim of the appellants lust and desire to sexually exploit her before giving her an appointment as a draftsman (woman).
3. Krishna @ Kiran (PW 10) had passed 10+2 examination and also held a diploma in architecture from the Chandigarh Polytechnic College. She was in search for a job. She alongwith her father Mehar Chand (PW 14), a Junior Engineer in the Department of Electricity, Chandigarh were advised by a certain Mr. Sharma, an Architect of Sector 7 Chandigarh, to meet the appellant for a Government job. Krishna and her father met the appellant in his Chandigarh Office in the first week of November, 1996. The appellant enquired from her about her qualifications and asked her to hand over an application alongwith certificates which Krishna did after 2/4 days. The appellant asked her to meet him after 15 days. Krishna again met him after 15-20 days in his office to enquire about her application and she was told by the appellant that since her result had not been declared a decision would be taken only after the declaration of the result. The appellant told Krishna that he was going home by car and asked her to accompany him saying that nothing would happen and he would drop her on the way to bus stop. Upon the appellants insistence Krishna got into his car and was taken to the appellants residence, 677, Sector 6, Panchkula.
4. The appellant was using the first floor as his residence and the ground floor had been let out to the Planning Department, Haryana. The appellant committed the rape of Krishna in the first floor of the said house and thereafter took Krishna back to Chandigarh and dropped her at the bus stand.
5. Krishnas result was declared on December 4, 1996 and she was successful. Krishnas father rang up the appellant, upon which the appellant asked him to bring sweets since Krishna had passed. Krishna alongwith her father went to the appellants house with a packet of sweets, the appellant asked them to furnish the marks sheet. Thereafter, in the last week of December, 1996 Krishna met the appellant in his office and handed over the marks sheet. She was told by the appellant that he was waiting for his promotion and after he got his promotion he would give her the promised job. The appellant again insisted on taking Krishna to his residential house where he again raped her and then left her at the bus stop hear her house.
6. On February 10, Krishna came to know through a newspaper that the appellant had been promoted as Additional Chief Architect, Haryana. She went to the appellants office on February 13, 1997 to find out about her job. She was told by the appellant that her appointment letter was with him and was lying at the residence. She was asked to accompany the appellant to his residence to receive the appointment letter. Krishna did not want to accompany the appellant but she was forced to do so by the appellant who told her that her work had been done. Krishna and the appellant reached the above mentioned first floor residence at 10.30 A.M. The appellant removed Krishnas salwar and underwear and removed his own clothes whereupon he committed fo
