Opening statement Prosecution

May it please the honorable court that I am the counsel for the Prosecution in the present case….Your
honor today I’ll be dealing with opening statement, and conducting the chief exami. As well as cross
exami. and closing statement.

Your honor counsel humbly submits that this honorable court has its jurisdiction to trial in the instant
matter under section 177 r/w 184 and section 209 of Code of criminal procedure, 1973.

May the counsel begin with opening statement?

Much oblidged your honors

Further on your honor I would like to providing you a brief history and statement of facts of the case

A day before the commencement of crime i.e, On 12th Dec Dr. Sheela jain was on her way to home in
night as usual and all of a sudden in the middle of the road(express way) her scooty got punctured..
your honor , as we all know expressway is a busy road and there is no nearby motor repairing or
puncture shop on the expressway. Dr. Sheela jain dragged her scooty to some distance and had tried to
took help from passers ….your honors, in country like India where people take advantage from
helplessness of a woman at night instead of helping her.

At around 12:30 AM which means next day ie, on 13 th Dec Dr. Sheela jain called her elder sister and
informed her that her scooty got punctured and she might be late.

Your honors, on 13th Dec Dr. Sheela jain forcefully being dragged inside a truck by four evil minded
men, they were visibly captured in CCTV footage of expressway..They took her next to service lane
road …., then they sexually assaulted her, used criminal physical force, and make her condition to the
extent of feeling disgust from her own body and brutally and mutually gang raped her and due to the
fear of being exposed they planned a conspiracy of burning her alive with common intention of
causing her death then they burnt her alive by Diesel and she died an unnatural death by those guilty
minds .

Your honor’s, Victim was just a 27 years old, In this age a woman is about to live her life independently
and may be fulfilling her dreams but this brutal incident took her life to an unnatural end. Your honor,
a small burn scar on our body can give us immense pain and injury…Deceased victim was brutally
raped and then voluntarily murdered by burning her alive, we all can imagine the pain from which she
had suffered.

On 16th Dec 2019, All four Accused’s namely Amar, Francis, Maqbool and Boman were arrested by
police led by Investigating officer DSP Rajdeep singh shekhawat at around 10:30AM. After that Police
took all four accused’s to crime scene to investigate it in a practical way.. during this process accused’s
tried to escape from police custody and posed a serious threat and voluntarily obstructed a public
servent on duty…out of circumstances Police have to take serious action against them and in response
the accused died while one of them Amar successfully escaped from there. Later on 17 th Dec at around
4PM Amar surrendered before Magistrate.

On 18th Dec 2019 chargsheet filed against Amar.

Your honors, the gist of the facts is that the evidence will show that the defendant knew what evil and
henious crime he was voluntarily doing and is liable for the Deceased victim’s unnatural death ie,
intended Murder and Brutal rape.
Chief examination of Prosecution

PW1- Mr. Rajdeep singh shekhawat (Investigating officer)

Q1- What you collected from the crime scene?

Ans.- We found torn clothes, an identity card named Dr. Sheela jain and a black Mi 7S mobile phone.
We also found a brown colored TVS wego scooty punctured 5KM away from the crime scene.

Q2- What was the last interaction of Dr. Sheela jain on phone?

Ans-Her elder sister Manila jain received a call at around 12:30AM acc. To her she said that her scooty
got punctured and she will come late at home.

Q3-What was observed in postmortem report of Dr. Sheela jain ?

Ans- There were presence of brutal sexual marks on her body, gang rape was committed with her and
then burnt alive and cause of death is multiple organ failure due to burning.

Q4- Mr. Rajdeep what exactly you saw in CCTV footage?

Ans- we scrutinized CCTV cameras on expressway….in the footage Dr. Sheela jain was being forcefully
dragged inside truck no. UP 32 XY 2233…. further we got information from RTO that truck was
registered in the name of accused Boman….in the cctv footage of petrol pump one of the accused (i.e
Amar) is buying diesel and he was also present at the crime scene….

Q5- On which date and time you arrested them?

Ans- On 16 Dec. 2019 around at 10:30am in the morning

Q6- how you arrested all four accused’s?

Ans- One of our police cop informed us that all four of them seen by him at Raja dhaba, jagat
farms…..then we went there and arrested them.

Q7-Mr. Rajdeep what procedure you followed after the arrest of accused’s?

Ans- We informed the accused’s the grounds on which we are arresting them then I mentioned date
and time and place of arrest in my case diary..and then we informed one of the relative of the accused
to the given address in the arrest memo. We also informed them about their right to have a legal help
or lawyer.

Q8- What happen when you took all four of them to the crime scene ?

Ans- According to Procedure followed by law we took them to the crime scene so that we can
investigate and recreate the incident’s scenario but before it happen they tried to escape from there
and they voluntarily obstructed the police on duty (S.186)….. in order to escape, four of them poses a
serious threat and used criminal force (S. 353) against us, they provoked us and out of circumstances
and to gain control of a situation we have to fire on them . But one (Amar) of them successfully
escaped from there.
Examination in chief of prosecution witness

PW2- Mr. Rama (constable)

Q- who informed the police about the accused’s presence at jagat farms?

Ans- I informed about it at police station via phone.

Q- Are you present there at the time of their arrest?

Ans- Yes, I was there

Q-What exactly you found during search and seizure on the crime scene?

Ans-We found torn clothes, aadhaar card, a Mi mobile phone and a punctured scooty 5km away from
crime scene.
Cross examination of DW1 Mr. Mohan (father of Amar)

You are under oath and whatever you will say would be true

Please introduce yourself before the court

Q 1-Mr Mohan what you do for your living I mean occupation?

Q 2- How many total members do you have in your home ?

Can you please name them before the court

if he didn’t name 3 frnds of Amar then….Point to be noted your honor that 3 accuseds were not living
at Amar’s home which means they generally come there for visit

Q 3- Where was Amar on 12th Dec before and after midnight i.e, 12 AM of the same night ?

Point to be noted your honors DW’s credibility and veracity should be challenged ,he said that Amar
was with him on 12th Dec.. before and after the midnight ie, 12AM which means 13 th Dec when next
day is about to begin ,,,,it is clearly visible from petrol pump CCTV footage that Amar was buying
Diesel from petrol pump on expressway after the midnight of 12 th Dec which means on 13th of Dec…
and he was present on the crime scene too.

Q 4-Is it true to say that you said in your chief exami. That you were at home on 13 th Dec night with
your son and his friends?

Q 5- Mr. Mohan On 13th Dec night is there any bday party or a mini get together organized by you and
Amar ?

Your honor’s please put that on record..I would like to clear a fact here that 13 th Dec night is the next
night after the commencement of crime while crime happened at 2AM after the midnight of 12 th Dec
and according to DW1 on the next day ie 13th Dec at night Amar and his 3 Friends went to his house
without any occasion…it is not a co-incident your honor’s they might be hiding from the fear of being
exposed after the commencement of Cr. Offence.

Q 6-For how long you know Amar’s friends ?

If he say 4 years or less then you have to object to DW2 while cross.

Q 7- For how many years you are living in Alpha 1?

Point to be noted your honor..DW2 cross. Exami.

Q 8- Mr. Mohan Is any friend of Amar owned any type of vehicle?

If he say No…point to be noted your honor DW1’s deliberately lying that amar’s any friend not owned
any vehicle, your honor it is cleared from RTO info. that Boman has a Truck of no. UP XY 2233
registered on his name. and witness is saying he knew them personally from xyz years.

IF he say yes then ask who owned a vehicle ? and what kind of vehicle ?

Q 9- Do you like to spend time with Amar or outing with him on Sundays or on holidays as generally
parents do in delhi NCR ?

Q 10-So it is obvious that on last Sunday you were on a outing with ur son Amar ‘Right’?

If he say yes…put that on record your honors witness has admitted that he was not at home on
Sunday or may be went for a movie at night usually..on 15th Dec he was not at home then how he can
say that it statement that police arrested his son and his friends on 15 th which is on Sunday.

Q 11-Is it true to say that acc. To your statement you said that at the time of arrest Police used some
disturbing words to you ?

If he say yes..could you please repeat those words before court

If he unable to repeat…your honor how it can be possible he doesn’t remember who said what 3 days
before …it creates a suspicion on witness statement and his credibility should be challanged

Q 12- Did you took any legal help or local help on 15 th Dec

If he say yes..then ask from whom ..if he don’t know the say point to be noted

If he say no..point to be noted your honors…generally people took legal help when their son got
arrested and of a serious crime but the witness is denying that means there was no arrest taken place
on 15th Dec

Q 13-could you please tell about your locality members or neighborhood ?

Who is close to you in your locality?

If he say Mr. Dsuza then you ask at what distance from your house mr. Dsuza lives?

For how long you knew him?

Q 14- who informed you about your son’s escape?

If he say Rehan then okay if he hesitate or don’t know

Your honor pls put that on record he even don’t know who informed him and his statement he said Dr
Rehan SI called her.

The Witness is excused

Cross Examination DW2 Mr. D’Souza

You are under oath and whatever you will say would be true

Please introduce yourself before the court

Q- Mr. D’souza what is your current home’s address?

If he say it wrong..point to be noted your honor’s the defense witness even don’t know the exact
address of his house and he is saying he is neighbor of accused.. credibility of DW2 should be
questioned

If he say it rightly then further you ask next q.

Q- Exactly at what distance your home is from accused’s home?

If his and mohan’s statement contradicted then you say..point to be noted your honor DW1 said that
xyz distance and DW2 saying this..their statements are contradicting with each other..they both don’t
know the exact distance of their homes and it questioned the fact that they are neighbors or not?

Q- Is it true to say that you know accused’s just because they are your neighbors nothing more than
that? I mean you just met them in Alpha 1 as a neighbor right ?

If he say yes then move on to next question…if he say anything else reply accordingly

Q-For how long you are living in Alpha 1?

If he say less than 5 years..point to be noted your honor’s in statements DW2 said he know accuseds
from past 5 years..and now he is saying he is living in alpha 1 since xyz years, and he himself said that
he doesn’t know about them before their shifting to Alpha 1.. How is that possible and (if their stat.
contradicts) your honor DW1 said he lived in alpha 1 since xyz years, their statements are
contradicting…..witness veracity should be challanged

Q-Mr. D’souza Is it true to say that on Sunday you were at home ?

Q- What happened on Sunday ?

If he say I don’t know…please put that on record your honor’s in the st. of witnesses acc. To him he
was at home when accused arrested on 15th dec which was on Sunday, how is it possible that witness
don’t know what happen on Sunday.
Q-Is it true to say that in ur exami. In chief you said that Police passed some disturbing comments on
you ?

Q- What you did after that ?

If he say no legal help.....point to be noted your honors generally if any one gave us killing threat we
used to take some action but here things are opposite neither DW1 took any legal help nor DW2 and
their statements are contradicting to each other..they don’t know the exact distance of their houses
and ironically they are so called neighbors..your honors witnesses credibility and veracity should be
challenged befor this honorable court..whatever they are saying is doubtful and full of suspicion.

Witness is excused
Closing statement

The counsel would like to proceed to closing statement on the behalf of Prosecution

Much oblidged your honors

Your honors----one quotation----in the instant case it’s nothing but accused who shall be held guilty by
this court..Through stringent cross examination of defense witnesses through which wild contradiction
arouse defense has failed to substantiate their witnesses statements during cross examination and thus
we request to honorable court that to take this into consideration and further on I would like to draw
your attention that with the evidences like torn clothes of victim ,CCTV footage and postmortem report
of victim it is proved that accused is liable under charges i.e, Section 302 which can be explained with
section 8 of evidence Act which says that any fact is relevant as evidence which shows motive or
preperation for any act.. in the current case the fact is yes indeed Amar is visible in cctv footage buying
diesel which is preparation for guilty act… here motive or intention of accused Amar was to kill the
victim by burning her alive.. S307 ,and 376 and 120B r/w 34of IPC in the instant matter accused Amar
along with his deceased friends intentionally murdered the victim and raped her.

I request to the honorable court that accused shall be liable under S 353. S186 of IPC 1870, as he tried
to escape from police custody and used criminal force against police.
Police training

In principle, when a cop fires a gun at a citizen, it's so the officer can neutralize the threat — he's not
shooting to kill, per se. But in the two seconds that a cop actually has to make a decision, the most
certain way for him to neutralize a threat is to aim for "center mass" on the civilian's body, which is
likely to be a lethal shot.

Chief Magnus says that even with that much training, the conditions an officer faces — everything
from the stress of a confrontation,— make it impractical for an officer to aim a shot somewhere other
than the center of the body. "The notion that it's possible to shoot somebody just to the level that
they're debilitated — to shoot a gun out of somebody's hand, to shoot them in the leg — that is the stuff
of TV and movies. That's wildly unrealistic."

EVEN IF THE GOAL ISN'T KILLING A CIVILIAN, "YOU HAVE TO ACCEPT THAT IS A VERY REAL POSSIBILITY"

Magnus' department has a good track record when it comes to lethal force — Richmond officers haven't
killed any civilians since 2008. (Officers shot five suspects during that period, but they all survived.) But
he says that once an officer has decided to use a gun at all, he's deciding to use lethal force — and he
needs to accept the consequences thereof. Even if the goal isn't to kill the civilian,  "you have to accept
that that is a very real possibility."

But the question is whether the officer is thinking about questions of responsibility. That's not
something the force continuum teaches — it just talks about what's authorized, not if there's a better
way to do things. Nolan, the former union official turned criminologist, thinks there's a second level of
questions that department policies don't ask — leaving it up to the public to make sure they get
answered: "Not only was it authorized and justifiable, and do we support it. But was it, under the
circumstances, appropriate and necessary and warranted?"