IN THE COURT OF SH. XXXXXXXX, LD.ASJ/ POCSO, XXXXXXX COURTS, NEW DELHI.

IN THE MATTER OF :-

STATE                                   VERSUS            XXXXXXXXX

FIR NO. _______

U/S : 6 of POCSO Act

R/w Section 118/506 IPC

P.S.: _________

APPLICATION FOR PERMITTING THE ACCUSED THROUGH COUNSEL TO CONFRONT THE WINTESS WITH HER PREVIOUS STATEMENTS MADE DURING THE COURSE OF INVESTIGATION.

MOST RESPECTFULLY SHOWETH:-

1.                  That the prime and the only witness of the alleged occurrence is the prosecutrix herself. Presently the statement of said witness is being recorded.

2.                 That during the course of cross examination the counsel for accused wanted to confront the witness with various portions of her statements on oath made before this Hon’ble Court in the examination in chief which are nothing but an afterthought as the said portions of her statements do not appear in any of her statements made during investigation of the case.

3.                 That the portions with which the witness is to be confronted are as under:-

1.      Portion A to A of her statement:-

“after entering into the flat, he took me upstairs where there was darkness and a huge bed was lying. Thereafter he started searching some articles from the bed. Thereafter accused XXX push me on the bed and removed my clothes as well as his clothes”

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

2.     Portion B to B of her statement:-

“the accused forcibly inserted his penis into my vagina. As a result thereof, my vagina started bleeding”?

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

3.     Portion C to C of her statement:-

“accused XXXXX dropped me at the temple and thereafter I complained about act of the accused to his father accused Mr.V. On this Mr.V kept his hand on my shoulder and assured that nothing would happen and further threatened me that in case I report the matter to anyone, he would harm my father by Tantra Mantra. Then I returned back to home”

This portion does not appear in her written statement and in her statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

4.    Portion D to D of her statement:-

“accused made physical relation with me by removing my clothes and his clothes and inserting his penis into my vagina. Thereafter I started crying and told the accused that I will report about the act of the accused to my parents. On this, accused again threatened me. I was around 13 years old that time I got frightened and I was apprehending accused and his father would do some Tantra Mantra on my family. After above incident, accused dropped me outside the temple at one Gali thereafter I went to my home”

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

5.     Portion E to E of her statement:-

“but third time, accused XXXX again took me to his flat at XXXX on the pretext that he wanted to finish all the matter with me. There again accused made physical relation with me after removing my clothes as well as his clothes and forcibly inserted his penis into my vagina. From there accused Mr.V dropped me at the temple and thereafter, I returned my home with my parents. Both the accused used to make called to me and threatened me of dire consequences”.

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

6.    Portion F to F of her statement:-

“Accused Mr.V had also visited my home and there in the absence of my parents, he used to ask me not to disclose anything to anyone about the above incident. Sometimes, he also used to lay his hand on my shoulder and waist and used to leave me upon return of my mother from kitchen”.

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

7.     Portion G to G of her statement:-

“on 23.05.20XX, I told about the above incident to my mother. On 24.05.20XX, I along with my parents had gone at police station”.

This portion does not appear in the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor.

4.                That every accused has a right to defend himself in accordance with law. Fair trial demands that every witness in a criminal case should be allowed to be confronted with the statements made by her earlier during the course of investigation so as to find out whether her statement before the Court is a made up statement and as an afterthought and also to find out whether the witness is stating the truth or is a tutored witness. For this purpose the aforesaid portions which appear in the statement of the witness are necessary to be confronted to the witness otherwise it will result failure of justice.

5.                 That this application is being made for the purposes of record if this Hon’ble Court does not allow the witness to be confronted with the portions as mentioned above.

PRAYER:-

That in view of the above, it is respectfully prayed that this Hon’ble Court may kindly permit the counsel for the accused to confront the wintess with the portions from A to A to G to G of her statements with her earlier statements. If this Hon’ble Court does not allow the witness to be confronted with the portions as mentioned above, this application may please be kept on record.

DELHI                                                                    APPLICANT /ACCUSED

THROUGH

DATED:-

XXXXXXXX

COUNSELS FOR THE ACCUSED