VIKAS JAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition is directed against the order on charge as well as the formal charge framed on 10.11.2003.

(2.) The petitioner (Vikas Jain) is aggrieved by the order on charge as well as the charge that was framed against him inasmuch as, according to his counsel, none of the offences, under which charges have been framed, appear to be made out even if the allegations contained in the charge-sheet as well as the Statements of the victims recorded under section 161 and 164 Cr. P. C are taken at face value. To appreciate the contentions raised by the learned counsel for the petitioner, it would be necessary to set out the exact nature of the charge that the petitioner is facing. The charge framed reads as under:-

(3.) This allegation is further elaborated in the statements of Joelie Clark recorded both under Section 164 and 161 of the Code. The allegation in the Section 161 statement with regard to the petitioner is contained in the following extract:-