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2003 Supreme(P&H) 1693

K.S.GAREWAL
Vijay Mahajan – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Mr. R.S. Cheema, Senior Advocate with Mr. Hemant Saini, Advocate.
For the Respondent: Mr. Sandeep, AAG, Haryana.

JUDGMENT

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 Cha





















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