OPENING STATEMENT

Counsel seeks permission to address the bench as your Ladyship Much

obliged

If it may please this Hon’ble Court, I ABHISHEK KUMAR MISHRA

represent the prosecution in the case of State v. Monty Khanna.

Your 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 of Indian penal code 1860.

Your ladyship this is the counsel representing prosecution state in the

matter of STATE V MONTY KHANNA.

Your ladyship this case is about the accused Monty Khanna who
assaulted Ms. Kashish on 31 December in the lift of easy life
restaurant in happy hotel, new Delhi. Your Ladyship the prosecution
will call the witness Mrs. Poornima who will testify the behaviour of
accused Mr. Monty Khanna with the victim.

At the conclusion of the case we would ask you to find the defendant
guilty. Thank you.

Counsel seeks permission to examine the witness Mrs.Poornima

Roshan.

Much Obliged your Ladyship.

PROSECUTION: Could you state your name for the record..

POORNIMA: My name is Poornima Roshan.

PROSECUTION: Mrs. Poornima, how do you know the victim Miss
Kashish.

POORNIMA We both work at Honeymoon Travels Ltd. Kashish joined

only recently and I've been working there for about 2 years.

PROSECUTION: How well do you know Miss Kashish?

POORNIMA: Even though she just joined recently, I've been quite
friendly with her. We've often had lunch together and even gone
shopping together...

PROSECUTION: From your conversations with Miss Kashish, what did

she say was her relationship like with Mr. Khanna?

POORNIMA Kashish was disturbed with Mr. Khanna's behaviour. They

often had to stay back late for work, and according to Kashish, he was
over friendly and even tried to flirt with her. He often asked her out,
and one day when he gave her a lift home in his ear, he even tried to
touch her cheek and hold her hand.

PROSECUTION: Despite these repeated instances of misconduct, why

didn't Miss Kashish take this matter up with the management?

POORNIMA: She knew that, given Mr. Khanna's reputation in the

company, it might lead to a situation where she would lose her job.
Also at the last office Christmas Party, she had found out that Mr.
Khanna was married and had children. I would imagine that this was
also a factor that prevented Kashish from making any complaints as she
did not want to cause any embarrassment to anyone.
PROSECUTION : What happened the day after the New Year's Party?

POORNIMA: The next day. i.e. January 1". Kashish came to the office
very nervous and tense, and it was obvious that she had not slept the
entire night. I tried to talk to her several times. Eventually, around 4pm,
she started crying and told me, in a disjointed manner, that Mr. Khanna
had tried to misbehave with her the previous evening in the lift of
Happy Hotel. I consoled her and told her that she must report the
matter to the highest officials in writing. She said she didn't want to tell
her family either as she felt too embarrassed about it.

PROSECUTION: No further questions, your ladyship.

"CROSS EXAMINATION OF Mr. MONTY KHANNA"

Your ladyship, with your permission the prosecution would like to

cross examine Mr. Monty Khanna.

Question 1. Thank you, Your ladyship,. Mr. Khanna, almost all the
elements of the story your mentioned are fiction and that you are
giving false testimony before the court.

No, it was a correct version. I deny the allegations.

Question 2. So, it was you really who behaved unprofessionally with

Ms. Kashish.

No, I didn't behave unprofessionally.

Question 3. You had said that you had fatherly feelings for Ms.
Kashish but in reality, it did not exist rather you were actually
attracted to her.

I deny that.

Question 4. Mr. Khanna, despite your being married and having a

daughter, you pursued your interest in Miss Kashish. Is that Correct?

No, I had no such interest.

Question 6. In your written testimony you said Miss. Kashish is an

attractive woman and on the night of 31 December you told her that
you had feelings for her. Is that correct?

Yes, I told her but only to calm her down.

Question 7. I put to you that Miss Kashish was upset not at being
rebuffed by you but rather because you behaved inappropriately with
her.

That is false. I always behaved like a father-figure with her given the
recent loss of her father. I felt she was looking for someone with a
fatherly instinct and as I have a daughter nearly the same age as her,
it was only natural that I was that someone.

Abhishek: No further questions, Your Honour.

Prosecution closing statement:

The counsel seeks permission to present the closing statement. Your

ladyship, Each witness testified as I explained and I have established
the following facts beyond a reasonable doubt:
1. The accused has no fatherly feelings for her rather he was attracted
to the victim which is

proved by his overfriendly behaviour and past acts.

2. The accused used his influential position in the company to harass

the victim on several occasions.

3. The accused sexual assaulted the victim in the lift on 31st December
Yr-1. This fact has been corroborated by the testimony of Mr. Bhatia.
This proved the subsequent conduct of the victimimmediately after
the incident i.e. she was nervous, harassed and quite upset.

Your ladyship, we would ask you to reject the defence theories in this
case which is purely based on fiction as they have twisted the facts
according to their whims and fancies.

In conclusion, we humbly plead to this Hon’ble Court to find the

accused guilty of assault u/s.354 of IPC and the use of criminal force
with the intention to outrage the modesty u/s.509. With that Your
Honour the prosecution rests its case. Thank You!