Opening Statement

OPENING STATEMENT
My Ladyship this is the case of assault and criminal force with intent to outrage an
insult modesty of woman, contrary to sections 354 and 509, Indian penal code
1860.
My ladyship this is the counsel representing prosecution state in the matter of
STATE V MONTY KHANNA.
My ladyship this case is about the accused Monty Khanna who assaulted Ms.
Kashish on 31st December in the lift of easy life restaurant in happy hotel, new
Delhi.
My ladyship the prosecution will call 3 witnesses:
(1) Ms. Kashish
(2) Poornima
(3) Rajiv Kapoor, hotel manager
At the conclusion of the case we would ask you to find the defendant guilty. Thank
you.
CROSS EXAMINATION OF MONTY KHANNA
Q1. Mr. Monty you work in honeymoon travels pvt. Ltd. As the personal secretary
of managing director of the company. Is that correct?
Q2. For how long have you been working in honeymoon travels pvt. Ltd.?
Q3. 15 years ago, so you must have been through many promotions, am I right?
Q4. Is that possible for a new comer who joined about 15 to 20 days ago to get
promoted to your post?
Q5. Do you know Ms. Kashish?
Q6. For how long has she been working there?
Q7. If am not wrong, you used to offer a lift to Ms. kashish?
Q8. Do you offer a lift to everyone who doesn’t have a car?
Ok so Ms. Kashish must be the special one.
Q9. When there was a late-night work did you always suggest MS kashish name
for that?
I believe you love working with Ms. kashish.
Q10. Mr. Monty you have stated that before New Year’s Eve you got to know that
Ms. Kashish have some warm feelings of affection for you?
Q11. And after being aware of that you still offered her a lift to new year’s party?
Q12. On 31st night, did you grabbed her hand in the lift?
Q13. If she grabbed you where did she touch?
Q14. Did she kiss you?
Q15. Did you tell someone in the party about the incident?
Q16. Can I ask why?
Q17. Did you keep staring her for the rest of the party?
Q18. Did you tell her that you have feelings for her and she is an attractive
woman?
Q19. Do you actually have warm feelings for her?
Q20. Did you follow her when she left the party?
EXAMINATION OG MS KASHISH
Q1. Would you please identify yourself?
Q2. What is your age?
Q3. Where do you live?
Q4. Tell us about your family?
Q5. Why do you started working so early?
Q6. Where do you work and what is your profile in the company?
Q7. For how long have you been working in honeymoon travels pvt. Ltd.?
Q8. How do you know Mr. Monty?
Q9. How was his behavior towards you?
Q10. Did he ever asked to take you for coffee or tea?
Q11. Do you remember any incident which is not normal to you?
Q12. How did you feel after he hugged you?
Q13. Did you inform anyone about the incident?
Q14. Why?
Q15. I got to know about the party on New Year’s Eve. How did you reach there?
Q16. Why did you choose to travel with him in the car?
Q17. Did he do anything inappropriate with you in the car?
Q18. What happened when you reach the hotel?
Q19. Did he do anything again after that?
Q20. What did you do next?
Q21. Did you tell anyone about the incident?
Q22. When did you file the complaint?
313. Power to examine the accused.

(1) In every inquiry or trial, for the purpose of enabling the accused personally to
explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused, put such questions to
him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he
is called on for his defence, question him generally on the case: Provided that in a
summons- case, where the Court has dispensed with the personal attendance of the
accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub-
section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer
such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such
inquiry or trial, and put in evidence for or against him in any other inquiry into, or
trial for, any other offence which such answers may tend to show he has
committed.
SECTION 26 : Courts by which offences are triable.—Subject to the other

provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) may be tried
by
(i) the High Court, or
(ii) the Court of Session, or
(iii)any other Court by which such offence is shown in the First
Schedule to be triable:
1
[Provided that any 2[offence under section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code (45 of 1860)]
shall be tried as far as practicable by a Court presided over by a woman.]
1 . Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009).

2 . Subs. by Act 13 of 2013, s. 11, for ―offence under section 376 and sections 376A to 376D of the Indian
Penal Code (45 of 1860)‖ (w.e.f. 3-2-2013).
(b) any offence under any other law shall, when any Court is mentioned
in this behalf in such law, be tried by such Court and when no Court is so
mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First
Schedule to be triable:
SECTION 177. Ordinary place of inquiry and trial—Every offence
shall ordinarily be inquired into and tried by a Court within whose local
jurisdiction it was committed.

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OPENING STATEMENT

CROSS EXAMINATION OF MONTY KHANNA

313. Power to examine the accused.

SECTION 26 : Courts by which offences are triable.—Subject to the other

1 . Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009).

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