Cross-examination questions for victim and her father in rape trial (defence)
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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5.That the said flat is situated in a crowded complex, and it is not possible to enter the flat without being noticed from the gate itself, and the entry would be noticed by the neighbours of at least three flats out of the group of four flats.
6.That it is correct that you have not given any description of what happened inside the flat.
7.That it is so because no incident of forcible sexual intercourse took place with you in the said flat.
| Plea of alibi: That on Date of the alleged incident you were not with Name of the accused at all; and that on Date of the alleged incident Name of the accused was not in the temple. | No detail of the same. | No detail of the same. | No detail of the same. | No detail of the same. |
•Whether the victim should be referred to as a child witness.
•Whether the victim should be given the assistance of a woman advocate and of a support person, if her age on the date of the statement or deposition is more than 18 years.
Fresh questions:
Q1.How many times was your statement recorded?
Q2.Who all recorded your statements?
Q3.Did you give any statement to the counsellor?
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 your statements have you stated that you, along with your family, visited the temple for the last approximately Number of years the family had been visiting the temple 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 Month and year of the victim's alleged first visit to the temple.
Q9.Please state how many times in a month you used to go to the temple.
Q10.Please state whether there were any particular days of the week on which you used to go to the temple.
Q11.Please state whether there were any particular timings at which you used to visit the temple.
Q12.Please state what your school timings were.
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 by what mode of conveyance you and your parents used to travel from your house to the temple — bus, metro, tempo, auto, or any other mode.
Q16.How many people used to be present in the temple when you visited it along with your parents?
Q17.Can you describe the interior of the temple, that is, the sitting place for the devotees and the gaddi of the mahant/pujari?
Q18.How many devotees can be seated in the temple?
Q19.I put it to you that not less than Approximate number of devotees during Satsang people/devotees were invariably present during the Satsang.
Q20.Is it correct that you also used to sit in the Satsang as one of the devotees?
Q21.Please state who used to perform the puja and other rituals in the temple.
Q22.Is it correct that the mahant, that is, accused no. 2, Name of accused no. 2 (the mahant/father), used to sit and give blessings to the devotees?
Q23.I put it to you that on Date of the alleged incident, accused Name of the accused had not gone to the temple at all.
Q24.I put it to you that you did not meet accused Name of the accused at the temple on Date of the alleged incident.
Q25.I put it to you that accused Name of the accused was in employment with Name of the accused's employer, had left his house in the morning, and returned in the evening at around Time of accused's return from work after attending to his job.
Q26.I put it to you that you have falsely stated that on Date of the alleged incident you met accused Name of the accused.
Q27.I put it to you that you have falsely stated that on Date of the alleged incident accused Name of the accused told you to accompany him to the flat situated at Place or locality where the flat is situated, 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 Place or locality where the flat is situated.
Q29.Is it also correct that you have not stated the flat number at Place or locality where the flat is situated in any of your statements?
Q30.Please state which flats in Name of the society or complex where the flats are located abut each other.
Q31.Is it correct that in your statements you did not disclose how far Place or locality where the flat is situated is from the Name of the temple?
Q32.Is it also correct that you have not stated in your statements by what mode of transport you reached Place or locality where the flat is situated?
Q33.Is it also correct that you have not stated in your statements how much time it took you to reach Place or locality where the flat is situated?
Q34.Is it also correct that you have not stated in your statements for how long you stayed at Place or locality where the flat is situated?
Q35.Is it also correct that you have not stated in your statements when you came back from Place or locality where the flat is situated to the temple?
Q36.I put it to you that no such incident took place with you on Date of the alleged incident.
Q37.I put it to you that you have falsely stated that Name of the accused told you to go inside the flat.
Q38.I put it to you that you have falsely stated that Name of the accused forcefully committed sexual intercourse with you.
Q39.I put it to you that you have falsely stated that you told Name of the accused that you wanted to tell your mother about this.
Q40.I put it to you that you have falsely stated that thereupon Name of the accused stated, "Ye Sab Mujhe Mar Denge".
Q41.I put it to you that you have falsely stated that Name of the accused also told you that, in case you informed anyone about this, your family could be put to harm.
Q42.I put it to you that you have falsely stated that Name of the accused told you that he would level allegations against you.
Q43.Is it correct that earlier you never told anyone, nor stated in any of 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 Name of the accused pushed me on the bed and removed my clothes as well as his clothes"? The witness is confronted with portion A to A of her statement in the examination-in-chief, and also with the statement under Section 161 CrPC and the other two statements made before the NGO counsellor and the doctor, wherein the said portion is not recorded.
Q44.Is it also correct that earlier you never told anyone, nor stated in any of your statements, that "the accused forcibly inserted his penis into my vagina. As a result thereof, my vagina started bleeding"? The witness is confronted with portion B to B of her statement in the examination-in-chief, and also with the statement under Section 161 CrPC and the other two statements made before the NGO counsellor and the doctor, wherein the said portion is not recorded.
Q45.Is it also correct that in your written complaint Ex.Exhibit number of written complaint you did not state that "accused Name of the accused dropped me at the temple and thereafter I complained about the act of the accused to his father, accused Name of accused no. 2 (the mahant/father). On this, Name of accused no. 2 (the mahant/father) 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 Tantra Mantra. Then I returned back to my home"? The witness is confronted with the written statement Ex.Exhibit number of written statement, wherein portion C to C is not so recorded, and also with the statement under Section 161 CrPC and the other two statements made before the NGO counsellor and the doctor, wherein the said portion 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 Date of the alleged incident.
Q47.I put it to you that even one week thereafter you did not go to the temple.
Q48.I put it to you that on Date of the alleged second visit to the temple also, accused Name of the accused was at his job and was not present in the temple.
Q49.I put it to you that you have falsely stated that one week after 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 Name of the accused had again taken you to the flat at Place or locality where the flat is situated on the pretext of conversion.
Q51.I put it to you that you have falsely stated that accused Name of the accused again made physical relations with you.
Q52.Is it correct that earlier, nowhere in any previous statement, did you state 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, the accused again threatened me. I was around Age of the victim at the time of the incident years old at that time; I got frightened and I was apprehending that the accused and his father would do some Tantra Mantra on my family. After the above incident, the accused dropped me outside the temple in one gali, and thereafter I went to my home"? The witness is confronted with portion D to D of her statement in the examination-in-chief, and also with the statement under Section 161 CrPC and the other two statements made before the NGO counsellor and the doctor, wherein the said portion is not recorded.
CROSS-EXAMINATION QUESTIONS FOR THE VICTIM (PART II) (CONTINUED)
Q53.I put it to you that the accused persons never threatened to cause harm to you or your family by means of tantra-mantra.
Q54.I put it to you that the accused Name of the accused never had any sexual relations with you.
Q55.I put it to you that you have falsely stated that the accused had physical relations with you two years prior to the incident.
Q56.I put it to you that nowhere in your earlier statement did you state that "but on the third occasion, the accused Name of the accused again took me to his flat at Location of the flat in Delhi on the pretext that he wanted to finish the matter with me. There again, the accused had physical relations with me after removing my clothes as well as his own clothes and forcibly inserted his penis into my vagina. From there, the accused Name of the accused dropped me at the temple and thereafter I returned home with my parents. Both the accused used to call me and threaten me with dire consequences." You are confronted with portion E to E of your statement in the examination-in-chief. You are further confronted with your statement under Section 161 CrPC and your two other statements made before the NGO Counsellor and the doctor, wherein the above portion is not recorded.
Q57.I also put it to you that nowhere in your earlier statement did you state that "Accused Name of the accused's son had also visited my home and, 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 place his hand on my shoulder and waist, and used to leave upon the return of my mother from the kitchen." You are confronted with portion F to F of your statement in the examination-in-chief. You are further confronted with your statement under Section 161 CrPC and your two other statements made before the NGO Counsellor and the doctor, wherein the above portion is not recorded.
Q58.I also put it to you that nowhere in your earlier statement did you state that "on Date on which the victim disclosed the incident to her mother, I told my mother about the above incident. On Date on which the victim visited the police station with her parents, I along with my parents had gone to the police station." You are confronted with portion H to H of your statement in the examination-in-chief. You are further confronted with your statement under Section 161 CrPC and your two other statements made before the NGO Counsellor and the doctor, wherein the above portion is not recorded.
CROSS-EXAMINATION OF PW3 (FATHER OF THE CHILD VICTIM, AGED 18 YEARS)
Examination-in-chief of PW3
1.The child victim is my daughter. For the last Number of years the family had been visiting the temple, I, along with my wife and the child victim, used to visit the temple situated at Location of the temple. The accused Name of the accused (mahant), present in this Court today, is the Mahant of the said temple. The accused Name of the accused's son, present in the Court today, is the son of the accused Name of the accused (mahant). In the temple, I along with my wife used to perform seva work. I do not remember the exact time; however, approximately Number of years before disclosure when the wife informed the witness prior to the incident, my wife told me that the accused Name of the accused's son had taken my daughter to the flat situated at Location of the flat in Delhi, Delhi, and had established physical relations with her. The next morning, I confronted the accused Name of the accused (mahant) 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, Name of the police station. At the police station, the accused persons came accompanied by 40–50 persons. At the police station, my wife asked me to get an affidavit prepared on stamp paper regarding the occurrence of the incident. Accordingly, I, along with Name of the elder son who accompanied the witness for the affidavit, who is the elder son of the accused Name of the accused (mahant), went to get the affidavit prepared. The affidavit has already been exhibited as Ex.PW1/A. After the execution of the affidavit, I fainted at the police station for some time.
2.The accused Name of the accused (mahant) had assured the marriage of my daughter with his son, the accused Name of the accused's son, and proposed a Roka ceremony. I do not remember the date. However, I along with my family went to the house of the accused for the Roka ceremony, where certain formalities were performed by the accused persons. The second wife of the accused, along with approximately Number of sewadars who attended the Roka ceremony from the accused's side persons working as sawadars in the temple, attended the Roka ceremony from the side of the accused. Thereafter, I continuously visited the accused Name of the accused (mahant), but he avoided having talks about the marriage; on some occasions, I was also threatened with dire consequences. When we finally realised that we had been cheated by the accused persons, the matter was reported to the police. The case was registered on the complaint of my daughter.
Examination of witness deferred note deferred at the request of the proxy counsel for the accused persons.
RO & AC
Signature of the court official
ASJ-01/Court number/ND
CROSS-EXAMINATION OF PW3
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 household.
Q4.Can you tell the Court on which date you went to the police station?
Q5.It is correct that the affidavit was never given to the police?
Q6.It is wrong to suggest that I did not go to the police station at all, and that is why I did not give the affidavit to the police?
Q7.It is wrong to suggest that Name of the accused (mahant) never accompanied you for the preparation of any affidavit?
Q8.It is wrong to suggest that I never got the affidavit prepared.
Q9.It is wrong to suggest that a false affidavit, Ex.PW1/A, was created afterwards in Year in which the affidavit is alleged to have been created?
Q10.It is wrong to suggest that you have falsely stated that the accused Name of the accused had established physical relations with your daughter?
Q11.It is wrong to suggest that because I and my wife were known to the accused Name of the accused (mahant) for many years, it was at the suggestion of your wife that the accused Name of the accused (mahant) agreed to get his son, the accused Name of the accused's son, married to your daughter?
Q12.It is wrong to suggest that for this reason alone the Roka ceremony was performed?
Q13.It is wrong to suggest that I and my wife became greedy and raised a demand that all the marriage expenses of Rs.Amount of marriage expenses allegedly demanded should be borne by the accused Name of the accused (mahant) alone?
Q14.It is wrong to suggest that I and my wife also pressured the accused Name of the accused (mahant) to transfer Property allegedly demanded to be transferred in the victim's name in the name of my daughter after her marriage?
Q15.It is wrong to suggest that I and my wife became very greedy, and upon the refusal of the accused Name of the accused to meet our demands, the accused Name of the accused (mahant) refused to marry his son, the accused Name of the accused's son, to my daughter?
Q16.Is it correct that the Sagai ceremony of the elder brother of the accused Name of the accused was performed on Date of the Sagai ceremony?
Q17.It is wrong to suggest that we were annoyed with the family of the accused Name of the accused (mahant) because they had not invited us to the Sagai ceremony held on Date of the Sagai ceremony?
Q18.It is wrong to suggest that a quarrel took place on Date of the Sagai ceremony between your family and the family of the accused Name of the accused (mahant)?
Q19.It is wrong to suggest that the present FIR has been registered at the instance of my wife, as we wanted to take revenge for the breaking of the marriage alliance of our daughter with the accused Name of the accused's son by the accused Name of the accused (mahant)?
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-EXAMINATION OF THE INVESTIGATING OFFICER
1.Did you receive the complaint from the complainant, or was the same marked to you by the SHO?
2.At what time did the SHO mark 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 number and address and had sexual intercourse with her?
4.It is wrong to suggest that I have incorrectly prepared the pointing-out memo Ex.Exhibit number of pointing out memo?
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 Date of the alleged occurrence disclosed to the IO as he was away at 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 Date of the alleged occurrence disclosed to the IO as he was away at his job from morning till late evening?
8.It is wrong to suggest that the accused persons have been falsely implicated?