CROSS OF PROSECUTRIX:-

Q1.            Is the time of occurrence on 09.01.2015 as 4.00 pm as mentioned in FIR? Where from this time is mentioned as the statement of the prosecutrix nowhere mentions the time?

Q2.           Please see complaint Ex……… and state whether this complaint is written by you or by whom?

Q3.           Please state whether your father is employed somewhere or is in business?

Q4.           Please state what your father has been doing for the last seven years?

Q5.           Please state whether your mother is employed somewhere or is in business?

Q6.           Please state what your mother has been doing for the last seven years?

Q7.           By what mode of transport your parents used to go to the Temple?

Q8.          In your statement under Section 164 CrPC you stated that your parents used to visit Prachin Big Hanuman Temple. Please state whether they used to go once a month or twice a month or when?

Q9.           Please state whether they used to go for a particular time of the day and if so what was that time?

Q10.      In your statement under Section 164 CrPC you stated that you knew everyone in Prachin Hanuman Temple. Who are those you are referring to whom you knew?

Q11.        Since when you know them?

Q12.       How do you know them?

Q13.       Is it correct that in your statement under Section 164 CrPC you have not stated at what point of time Xx asked you to accompany to Xx.

Q14.       Is it also correct that your statement under Section 164 CrPC you have not stated that your parents had gone along with you to the temple on 09.01.2015.

Q15.       Please state whether you orally remember the date of 09.01.2015 or you recorded it somewhere?

Q16.       I put it to you that you have mentioned 09.01.2015 in your statements by your imagination and that no such incident took place with you on 09.01.2015.

Q17.       Is it also correct that your statement under Section 164 CrPC you have not stated as to from where and by what mode you had reached the temple?

Q18.       How long you stayed in the temple when you came back?

Q19.       Is it also correct that as per your statement under Section 164 CrPC you did not question Xxabout what kind of goods were required to be brought from Xx.

Q20.     Is it also correct that you have not given the flat number of Xx in any of your statements?

Q21.       Please state which are the flats in Xxs which abut each other?

Q22.      Is it correct that in your statements you did not disclose how far away is Xx from the Prachin Temple?

Q23.      Is it also correct that you have not stated in your statements as to by what mode of transport you reached Xx?

Q24.      Is it also correct that you have not stated in your statements as to how much time it took you to reach Xx?

Q25.      Is it also correct that you have not stated in your statements you have not stated as to how long you stayed at Xx?

Q26.      Is it also correct that you have not stated in your statements you have not stated as to when you came back from Xx to the Temple?

Q27.      I put it to you that no such incident took place with you on 09.01.2015.

Q28.     I put it to you that you have falsely stated that Xx told you to accompany him to bring some goods from Xx.

Q29.      I put it to you that you have falsely stated that Xx told you to go inside the flat.

Q30.     I put it to you that you have falsely stated that Xx forcefully did sexual intercourse with you.

Q31.       I put it to you that you have falsely stated that you told Xx that you wanted to tell about this to your mother.

Q32.      I put it to you that you have falsely stated that on this Xx stated that “Ye Sab Mujhe Mar Denge”.

Q33.      I put it to you that you have falsely stated that Xx also told you that in case you informed about this anyone then your family can be put to harm.

Q34.      I put it to you that you have falsely stated that Xx told you that he would put allegations on you.

Q35.      Is it correct that you have not stated in your statement under Section 164 CrPC that at what time on returning back, you informed Xx about the whole incident?

Q36.      I put it to you that you did not meet Xx on 09.01.2015.

Q37.      I put it to you that you have falsely stated that Mr. Xx also threatened you that he would kill your father by Tantar Mantar or harm him physically.

Q38.      Is it correct that in your statement under Section 164 CrPC that you have nowhere stated that on 09.01.2015 your parents were with you?

Q39.      Did you disclose the fact of alleged sexual intercourse to your mother or your father? If so to whom, where and at what time?

Q40.     (Please note that the mother in her statements says that her daughter told her after the incident had taken place three times)

Q41.       I put it to you that as no such incident had taken place on 09.01.2015 with you, you did not state anything about it to your parents on 09.01.2015 or at anytime thereafter.

Q42.      Is it also correct that your statement under Section 164 CrPC you have no where stated as to what happened after you met xx  in the temple?

Q43.      In your statement under Section 164 CrPC you have stated that your mother took action when you disclosed the whole thing to her. Please state when did you disclose the whole thing to your mother?

Q44.      Please state what action your mother took when you told her “the whole thing”?

Q45.      I put it to you that as nothing had happened with you, you disclosed nothing to your mother?

Q46.      I put it to you that this case is the handiwork of your mother.

Age of prosecutrix

Q47.      How old is your brother?

Q48.     You started going to Temple from Feb. – Mar. 2-15 onwards.

Q49.      How many times a month you used to go to the Temple.

Q50.      Your parents were never interested in any Puja at the Temple.

Q51.       Your father used to stand outside the Temple gate to make relation with people.

Q52.      Your mother would go to the house of Mahant Ji and introduced you to his son xx, so that you befriend him.

Q53.      The purpose of your mother was that you get married in their family.

Q54.      With the aforesaid end in view you started going to Mahant Ji house along with your mother on Sunday from Feb. – March. 2015 onwards and not for any Puja.

Q55.      You and xx started liking each other.

Q56.      Your mother proposed to Mahant Ji to marry you withxx as you andxx have very much started liking each other.

Q57.       That Mahant Ji and his family were not averse to this proposal and you and your mother were told that since you have not completed 18 years, Rokka / Sagai can be done and marry should take place after you attain 18 years.

Q58.      At that time your parents stated that although she is already 16 ½ years, they agreed with the proposal of Mahant Ji that they would wait for the marriage for her to complete 18 years.

Q59.      Please show the photographs of Sagai to her and get the photographs Exhibited.

Q60.     Thereafter, on 26.05.2015 the Sagai ceremony between the prosecutrix and the accused took place in the presence of the families of both the sides and relatives etc. at the residence of the accused at Xx. At that time the father of the accused had also given Gold Necklace weighing about 2 ½ tolas. All the expenses of the Sagai Ceremony were borne by the father of the accused. The photographs annexed with this application will go to show that the Sagai Ceremony had taken place between the prosecutrix and the accused.

Q61.       That the applicant / accused did not commit any rape with the prosecutrix. It is sheer out of vengeance by the parents of the prosecutrix who prevailed upon their daughter to make false statement regarding the applicant / accused and a false complaint was made by the prosecutrix to falsely implicate the accused.

Q62.      I put it to you that the accused and his family were not aware of the real intentions and plans and scheming of the prosecutrix and her family.

Q63.      I put it to you that after the Sagai ceremony the mother of the prosecutrix started putting unreasonable demands upon the father of the accused i.e. to transfer the Xx in the name of the prosecutrix and also to purchase jewelry for her and bear the marriage expenses from the side of the girl amounting to Rs.6-7 Lakhs.

Q64.      I put it to you that the aforesaid demands came as a big shock to the accused and his father.

Q65.      I put it to you that accused no.2 inquired from your father about the business or source of income.

Q66.      I put it to you that your parents were unable to give any satisfactory answer.

Q67.      I put it to you that your mother roped in the accused to blackmail the accused no.2 by raising such high demands before marriage.

Q68.     I put it to you that your mother had been repeatedly making demand for transferring the ownership of Xx in your name before the marriage actually take place.

Q69.      I also put it to you that your mother repeatedly stated to accused no.2 to bear all expenses of marriage including the expenses incurred from your side.

Q70.      On being refused your father’s demand, a false story of forcible sexual intercourse has been fabricated by your parents and you have acted as a pawn in the hand your parents.

Q71.       That on 14.04.2017 the Sagai of the elder brother of the accused took place. In view of the shopping demands made by the parents of the prosecutrix, the father of the accused did not invite the parents of the prosecutrix. On the same night the parents of the prosecutrix came to the house of the accused and criminally intimidated to see the family of the accused.

Sickness of Sakshi

Q72.      You said in the written complaint that when this incident took place you became sick. Please state how long you remained sick?

Q73.      Please state the nature of your illness?

Q74.      Please state from whom you got treatment?

Q75.       Please state whether you gave any treatment papers to your school?

Q76.      Please state whether you gave treatment paper to IO?

Q77.       Suggestion to you is that you have made a false statement regarding your sickness.

Q78.      You have falsely stated that you to fear your mother took out of the school.

Q79.      You have falsely stated that you have been threatened and that you have been receiving telephone calls of threat.

Q80.      

Comparative Chart of Statements of the Prosecutrix

Should the victim be referred as the child witness.

Should the victim be given the assistance of a women advocate and of a support person if her age on the date of statement / deposition is more than 18 years.

Fresh questions:-

Q1.            How many times your statement was recorded?

Q2.           Who all recorded your statements?

Q3.           Did you give any statement to the counselor?

Q4.           Did you give any statement to the doctor?

Q5.           Did you give any statement to the police?

Q6.           I put it to you that in none of the statements you have stated that you along with family visited the temple for the last around seven years.

Q7.           What was your age when you went to the temple for the first time?

Q8.          I put it to you that you never visited the temple before March, 2015.

Q9.           Please state how many times in a month you used to go to the temple?

Q10.      Please state whether there were particulars days of the week when you used to go to the temple?

Q11.        Please state whether there were any particular timings when you used to visit the temple?

Q12.       Please state what were your school timings?

Q13.       Please state what you used to do on reaching the temple?

Q14.       Please state for how long you used to remain in the temple?

Q15.       Please state how you used to go and you and your parents used to go from your house to the temple- bus, metro, tempo, auto or any other mode?

Q16.       How many people used to be there in the temple when you would visit along with your parents?

Q17.       Can you describe the place inside the temple i.e. sitting place for the devotees and Gaddi of the mahant/ pujari?

Q18.       How many devotees can sit in the temple?

Q19.       I put it to you that not less than 125-150 people / devotees used to be invariably there during Satsang.

Q20.     Is it correct that you also used to sit in Satsang as one of the devotees?

Q21.       Please state who used to perform puja and other rituals in the temple?

Q22.      Is it correct that the mahant i.e. accused no.2 used to sit and give blessings to the devotees?

Q23.      I put it to you that on 09.01.2015 accused Xx had not gone to the temple at all.

Q24.      I put it to you that you did not meet Xxat the temple on 09.01.2015.

Q25.      I put it to you that Xx was doing job with ……….. and had left his house in the morning and came back in the evening around …… after attending to his job.

Q26.      I put it to you that you have falsely stated that on 09.01.2015 you met accused xx.

Q27.      I put it to you that you have falsely stated that accused on 09.01.2015 accused xx told you to accompany him at the flat situated at Xx on the pretext that he wanted to bring certain articles there.

Q28.     I put it to you that you have falsely stated that the accused took you to the flat at Xx.

Q29.      Is it also correct that you have not given the flat number of Xx in any of your statements?

Q30.     Please state which are the flats in Xxs which abut each other?

Q31.       Is it correct that in your statements you did not disclose how far away is Xx from the Prachin Temple?

Q32.      Is it also correct that you have not stated in your statements as to by what mode of transport you reached Xx?

Q33.      Is it also correct that you have not stated in your statements as to how much time it took you to reach Xx?

Q34.      Is it also correct that you have not stated in your statements you have not stated as to how long you stayed at Xx?

Q35.      Is it also correct that you have not stated in your statements you have not stated as to when you came back from Xx to the Temple?

Q36.      I put it to you that no such incident took place with you on 09.01.2015.

Q37.      I put it to you that you have falsely stated that Xx told you to go inside the flat.

Q38.      I put it to you that you have falsely stated that Xx forcefully did sexual intercourse with you.

Q39.      I put it to you that you have falsely stated that you told Xx that you wanted to tell about this to your mother.

Q40.     I put it to you that you have falsely stated that on this Xx stated that “Ye Sab Mujhe Mar Denge”.

Q41.       I put it to you that you have falsely stated that Xx also told you that in case you informed about this anyone then your family can be put to harm.

Q42.      I put it to you that you have falsely stated that Xx told you that he would put allegations on you.

Q43.      Is it correct that earlier you never told anyone or even in your statements that “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 xx push me on the bed and removed my clothes as well as his clothes”? Confronted with portion A to A of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q44.      Is it also correct that earlier you never told anyone or even in your statements that “the accused forcibly inserted his penis into my vagina. As a result thereof, my vagina started bleeding”? Confronted with portion B to B of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q45.      Is it also correct that in your written complaint Ex……… you did not state that “accused xx dropped me at the temple and thereafter I complained about act of the accused to his father accused Xx. On this Xx 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”? Confronted with written statement Ex…… where the portion C to C is not so recorded. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q46.      I put it to you that you did not state the confronted portions earlier to anyone as no such incident took place on 09.01.2015.

Q47.      I put it to you that after one week thereafter also you did not go to the temple.

Q48.     I put it to you that even accused Xx was at his job and not present in the temple on 16.01.2015.

Q49.      I put it to you that you have falsely stated that after one week of the above incident you had gone to the temple along with your parents.

Q50.      I put it to you that you have falsely stated that accused xx had again taken you to the flat at Xx on the pretext of conversion.

Q51.       I put it to you that you have falsely stated that the accused xx again made physical relation with you.

Q52.      Is it correct that earlier nowhere in any previous statement you stated that “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”? Confronted with portion D to D of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q53.      I put it to you that the accused persons never threatened you to cause harm to your family by tantra mantra.

Q54.      I put it to you that accused xx never had any sexual relation with you.

Q55.      I put it to you that you have falsely stated that two years back the accused made physical relation with you.

Q56.      I put it to you that nowhere in your earlier statement you have stated that “but third time, accused xxx again took me to his flat at Xx 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 xx 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”. Confronted with portion E to E of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q57.       I also put it to you that nowhere in your earlier statement you have stated that “Accused Xx 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”. Confronted with portion F to F of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

Q58.      I also put it to you that nowhere in your earlier statement you have stated that “on 23.05.2015, I told about the above incident to my mother. On 24.05.2015, I along with my parents had gone at police station”. Confronted with portion H to H of her statement in the examination in chief. Also confronted with the statement under Section 161 CrPC and other two statements made before NGO Counselor and the doctor where it is not recorded.

PW3   Father of child victim aged 18 years

On SA

            The child victim is my daughter. Since last 7-8 years, I along with my wife and the child victim used to visit at Pracheen Hanuman Mandir at xx . Accused Xx Kumar Sharma, present in this court today, is the Mahant of the above said Mandir. Accused Xx present in the Court today, is the son of accused Xx Kumar Sharma. In Mandir I along with my wife used to do the Seva Work. I do not remember the exact time, however, accused 2 ½ - 3 years back my wife had told me that accused Xx had taken my daughter at the flat situated at xx, Delhi and had established physical relations with her. In the next morning I had confronted accused Xx about the act of his son but he did not respond properly. Finding no response from the accused, I along with my family had to go to the police station, xx . At the police station, the accused persons came along with 40-50 persons. At the police station, my wife had asked me to go prepared an affidavit on stamp paper regarding the occurrence of the incident. Accordingly, I along with Xx who is elder son of accused Xx had gone to prepare an affidavit. The affidavit is already exhibited as Ex.PW1/A. After the execution of the affidavit I had fainted at the police station for some time.

The accused Xx had assured marriage of my daughter with his son accusedxx and proposed for Roka ceremony. I do not remember the date. However, I along with my family had gone at the house of accused for Roka ceremony. There some formalities were done by the accused persons. Second wife of the accused and around three persons working as Sawadar in the Mandir, had attended the Roka ceremony from the side of accused. After that I continuously visited the accused Xx but he avoided to have talks about the marriage on some occasions I was also threatened at dire consequences, when all finally relized not we have been cheated by the accused persons. The matter was reported to the police. The case was registered on the complainant of my daughter.

xxxxxx deferred at the request of the proxy counsel for the accused persons.

RO & AC

xx

ASJ-01/ xx/ND

Q1.      What is your occupation?

Q2.     I put it to you that you are not doing any fruitful work.

Q3.     I put it to you that your wife runs the house.

Q4.     Can you tell when you went to the police station?

Q5.     It is correct that the affidavit was not given to the police?

Q6.     It is wrong to suggest that I did not go the police station at all and that is why I did not give affidavit to the police?

Q7.     It is wrong to suggest that Xx never accompanied you for making any affidavit?

Q8.     It is wrong to suggest that I never got prepared the affidavit.

Q9.     It is wrong to suggest that a false affidavit Ex.PW1/A was created afterwards in 2017?

Q10.   It is wrong to suggest that you have falsely stated that accused xx had established physical relation with your daughter?

Q11.    It is wrong to suggest that because I and my wife were known to accused Xx for the last many years that on the suggestion of your wife Xx agreed to get his son xx married to your daughter.

Q12.   It is wrong to suggest that for this reason only the Roka ceremony was performed.

Q13.    It is wrong to suggest that I and my wife became greedy and raised demand that all the marriage expenses of Rs.6-7 Lakhs should be borne by Xx Sharma only.

Q14.   It is wrong to suggest that I and my wife also put pressure on Xx Sharma to transfer Xx in the name of my daughter after her marriage.

Q15.    It is wrong to suggest that I and my wife became very greedy and on the refusal of Xx xx to meet our demands, Xxxx refused to marry his son accusedxx with my daughter.

Q16.   Is it correct that the Sagai ceremony of the elder brother of accused xx was performed on 14.04.2017?

Q17.    It is wrong to suggest that we were annoyed with the family of the accused Xx as they had not invited us in the Sagai ceremony on 14.04.2017?

Q18.   It is wrong to suggest that a quarrel took place on 14.04.2017 between your family and the family of the accused Xx?

Q19.   It is wrong to suggest that the present FIR case has been registered at instance of my wife as we wanted to take the revenge for breaking the marriage alliance daughter with xx by Xx xx?

Q20.   It is wrong to suggest that I have connived with my wife and got the accused persons falsely implicated in this case by exploiting our daughter.

CROSS TO IO:-

1.                  Did you receive the complaint from the complainant or the same was marked to you by SHO?

2.                 At what time the SHO marked the written complaint to you?

3.                 Is it correct that the accused never disclosed to you that he had taken the victim girl to Flat No.62B, Mangla Puri, and had sexual intercourse with her?

4.                It is wrong to suggest that I have incorrectly prepared pointing out memo Ex……….

5.                 It is wrong to suggest that the accused did not point out any place of occurrence.

6.                I put it to you that the accused had specifically disclosed to you that he had not met the victim on 09.01.2015 as he was away to his Job from morning till late evening.

7.                 It is wrong to suggest that the accused disclosed to me that he had not met the victim on 09.01.2015 as he was away to his Job from morning till late evening.

8.                It is wrong to suggest that the accused persons have been falsely implicated.