Application by accused to confront prosecutrix with her previous statements under Section 161 CrPC

IN THE COURT OF SH. Name of the judge, Ld. ASJ/ POCSO, Court complex / district courts COURTS, NEW DELHI.

IN THE MATTER OF :-

FIR NO. FIR number

U/S : 6 of POCSO Act

R/w Section 118/506 IPC

P.S.: Police station

APPLICATION ON BEHALF OF THE ACCUSED, THROUGH COUNSEL, FOR PERMISSION TO CONFRONT THE PROSECUTRIX WITH HER PREVIOUS STATEMENTS MADE DURING THE COURSE OF INVESTIGATION.

MOST RESPECTFULLY SHOWETH:-

"after entering into the flat, he took me upstairs where there was darkness and a huge bed was lying. Thereafter he started searching for some articles on the bed. Thereafter accused Name of the main accused pushed 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, nor in the other two statements made before the NGO Counsellor and the doctor.

"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, nor in the other two statements made before the NGO Counsellor and the doctor.

"accused Name of the main accused dropped me at the temple and thereafter I complained about the act of the accused to his father accused Name of accused's father (co-accused). On this, Name of accused's father (co-accused) kept his hand on my shoulder and assured me that nothing would happen, and further threatened me that in case I reported the matter to anyone, he would harm my father by means of Tantra Mantra. Thereafter I returned to my home"

This portion does not appear in her written statement, nor in her statement under Section 161 CrPC, nor in the other two statements made before the NGO Counsellor and the doctor.

"accused made physical relations 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 would report about the act of the accused to my parents. On this, the accused again threatened me. I was around 13 years old at that time; I got frightened and I was apprehensive that the accused and his father would perform some Tantra Mantra on my family. After the above incident, the accused dropped me outside the temple in one street, whereafter I went to my home"

This portion does not appear in the statement under Section 161 CrPC, nor in the other two statements made before the NGO Counsellor and the doctor.

"but the third time, accused Name of the main accused again took me to his flat at Address of the accused's flat on the pretext that he wanted to finish the matter with me. There again the accused made physical relations with me after removing my clothes as well as his clothes and forcibly inserted his penis into my vagina. From there, accused Name of accused's father (co-accused) dropped me at the temple and thereafter I returned home with my parents. Both the accused used to make calls to me and threatened me of dire consequences."

This portion does not appear in the statement under Section 161 CrPC, nor in the other two statements made before the NGO Counsellor and the doctor.

"Accused Name of accused's father (co-accused) 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 only upon the return of my mother from the kitchen."

This portion does not appear in the statement under Section 161 CrPC, nor in the other two statements made before the NGO Counsellor and the doctor.

"on Date on which the incident was disclosed to the mother, I told about the above incident to my mother. On Date of visit to the police station, I, along with my parents, had gone to the police station."

This portion does not appear in the statement under Section 161 CrPC, nor in the other two statements made before the NGO Counsellor and the doctor.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly permit the counsel for the accused to confront the witness with the portions from A to A to G to G of her statement against her earlier statements. In the event this Hon'ble Court does not permit the witness to be confronted with the portions mentioned above, this application may kindly be kept on record.

THROUGH

DATED:-

Date of application

COUNSEL FOR THE ACCUSED