Opening statement

Your honour, the defendant stands here falsely accused of sexual assault and
use of criminal force with intent to outrage the modesty of the alleged victim,
which is daunting to his reputation as my client has a very good reputation and in
his 15 years of work experience he has never been accused of such an act before,
he always treated Ms. Kashish like his daughter, and its Ms. Kashish who is
concocting the whole scenario.
Your honour, the defence will call three witnesses to the stand. First I will call Mr.
Monty Khanna who is the accused here and my second witness will be Mr. Sanjiv
Bhatia who is the managing director of Honeymoon Travels and my third witness
will be Mr. Sanjay who is the driver of Mr. Monty Khanna from the past 2 years.
At the conclusion of the case we would ask you to find that my client is innocent
and a verdict of not guilty.
Thank you.

Defence: your honour, with your due permission Defence will like call upon its
first witness Mr. Monty Khanna

Mr. Monty please tell the court that whatever you will speak will be the truth, the
whole truth and nothing else but the truth;

D: Please Identify yourself and tell the court what exactly happened on the
alleged incident day i.e. 31st December?
Myself Monty Khanna, son of Radhey Shyam Khannna, resident of 44, GK 1, New Delhi
& working with Honeymoon Travels Pvt Ltd.
On 31st of December our office organised a party I offered her that I would pick her up
as I knew she had no car to which she happily agreed.

Point to be noted, your honour, Mr. Monty offered to pick her up as he was aware
that she had no car and to which she happily agreed. Please continue.

We had lighthearted exchanges in the car while going to the hotel where our office has
organised a New year eve party. At about 8.15pm we reached the hotel and took the lift
to the Easy life restaurant on the top floor of the hotel. In the lift, suddenly Kashish came
into my arms and tried to kiss me. I firmly pushed her away saying that I don’t
appreciate such conduct. She got very upset and began crying and saying that I don’t
care for her feelings and she threatened me by saying that I would regret my action.
Point to be noted, your honour, Mr. Monty firmly pushed her away when she tried
to kiss him and Ms. Kashish got upset when my client didn't reciprocate her
feelings and she threatened him by saying that he would regret his action.

D: Mr. Monty please tell the court what happened next?

After threatening me of consequences, she stormed out of the lift and I followed her.
Though I scolded her but I was keeping watch on her so that she couldn’t do anything
drastic. In order to calm her down at that time I even told her that “I have feelings for
you” and “you are attractive”.

Point to be noted, your honour, my client Mr. Khanna said that he had feelings for
Ms. Kashish and also that she is an attractive woman, just to calm her down and
stop her from doing something drastic and nothing more. Please continue

But she was still upset and angry and she left the party. I followed her and suggested
that I would drop her somewhere near the house as I thought it wouldn’t be safe for her
as it was late.
She didn’t say anything but she walked in the direction of my car and my driver opened
the gate for her and I joined her back on the seat. While going back she had calmed
down and was talking to me in a normal manner about our day and work. We also said
our goodbyes.

Point to be noted your honour, Mr. Khanna Was concerned about Ms. Kashish's
safety that's why he suggested and not forced her, he only suggested to drop her
and she herself went and sat down in the car and she calmed herself down and
was talking normally to Mr. Khanna which is an improbable behaviour for a girl
who is alleging that she has been sexually assaulted by him.

D: Mr. Monty can you tell us the background as in how was your relationship with
Ms. Kashish before the incident of 31st December?

M: It was very good, as we worked in the same office and she was a recent joinee. I
found her able and very intelligent, during interactions with her I discovered that she
was very keen for promotion in the company.
I always encouraged her to improve her position by showing willingness and doing extra
work from time to time. I remember once she jokingly said that she might even get
promoted to do my job soon.
On her birthday, she even hugged me to express her attachment. But things started to
change a day before Christmas when we got late at work and she asked me to drop her
home. To which I agreed
Point to be noted, your honour, she was very keen to get promotions in the
company. She is an over ambitious woman who wanted to get Mr. Monty's job.
And on Christmas Eve She herself asked Mr. Monty to drop her home. Please
Continue

On the way home she started talking about her private life, intimate thoughts and she
was depressed that she had no man in her life. She was emotional and had tears which
I wiped from her face. I felt sorry for her and my actions were instinctive in a fatherly
fashion. But then she said that she had dreamt of me being with her to which I was
taken aback. I told her that I was married and had a daughter. She got very upset on
learning this.

Point to be noted, your honour, she expressed her feelings for Mr Monty and
when he didn't reciprocate the same and told her that he's married she got very
upset.

D: Thank you, No further question your honour

Cross Examination
D: your honour, with your due permission Defence will like to call upon
prosecution witness Mrs. Poornima

D: Mrs. Poornima Isn't it true Ms. Kashish told you that she found out on
Christmas Eve that Mr. Khanna was married and had children?
P: yes
Point to be noted, your honour, it substantiates to what my client earlier told this
court.

D: Mrs. Poornima Isn't it true you get to know about Mr. Khanna’s misconduct
that happened before 31st December from Ms. Kashish ?
P: yes
Point to be noted, your honour, Mrs. Proonima never witnessed the misconduct
that had happened before 31st December herself.

D: Isn't it true Mrs. Poornima that you didn't go to the party on 31st December?
P: yes,....
Please it suffices
Point to be noted, your honour, Mrs. Poornima didn't go to the party, which
means the party was not mandatory to attend by all the employees and that she
didn't witness the alleged incident herself, she is just an hearsay witness.

Thank you, That's all your honour, I have no further question to ask.

D: your honour, with your due permission Defense will call upon prosecution
witness Mr. Rajiv Kapoor

D: Mr. Rajiv Kapoor, isn't it true that you did not see Mr. Monty Khanna sexually
assaulting and using criminal force on Ms. Kashish?
R: yes, I didn't
Point to be noted, your honour, Mr. Rajiv Kapoor never witnessed the alleged
incident.

D: Mr Rajiv Kapoor, have you seen Ms. Kashish leaving with Mr. Monty Khanna in
his car, yes or no?
R: Yes
Point to be noted, your honour, after being allegedly assaulted by Mr. Monty
Khanna, she left from the party with him in his car, which is an unlikely behavior
for any reasonable woman.

Thank you, that's all your honour, I have no further question to ask

D: your honour, with your due permission Defence will call upon prosecution
witness Ms. Kashish

D: Ms. Kashish, like you told this honourable court earlier isn't it true Mr. Monty
tried to outrage your modesty earlier to this alleged incident of 31st December?
K: yes

D: Ms. Kashish, isn't it true that you voluntarily went to party with Mr. Monty
Khanna in his car?

K: yes I did

Please it suffices
Point to be noted, your honour, she voluntarily went to the party with Mr. Monty
Khanna in his car even though the party was not mandatory to attend, which is
very odd for a woman who is saying that she has been persistently persuaded by
him earlier to this alleged incident.
D: Ms. Kashish Did you or did you not leave early from the party with Mr. Monty
Khanna in his car?

K. No
D: Point to be noted, your honour, Ms. Kashish denied leaving with Mr. Monty in
his car. While earlier in this court itself the Prosecution Witness Mr. Rajiv kapoor
said he saw her leaving with him and which is also corroborated by the
statements of Mr. Monty and his driver Sanjay. Which Clearly indicates either
she's lying or these three are lying.
Thank you, that's all your honour, I have no further question to ask

Closing Statement
Your honour, Prosecution has failed to prove any guilt of my client in the present
case. The entire case is based on the statements made by the alleged victim and
this court has noticed that her statements are contradictory to her own actions
like no ordinary woman will go with a man who had persistently tried persuaded
her, or she will never come back with the man who just tried to sexually assault
her and she also lied about coming back with Mr. Monty Khanna in his car, all of
this puts a question on the credibility of her statement. The other prosecution
witnesses, i.e. Mrs. Poornima and Mr. Rajiv Kapoor never witnessed the alleged
incident themselves as accepted by them in front of this honourable court. The
Prosecution has failed to produce even a single credible witness who can prove
my client's guilt beyond any reasonable doubts. And as I pointed out earlier, that
the alleged victim is a woman who is over ambitious and that she had feelings for
my client, the same has been corroborated by the statement of Mr. Sanjiv Bhatia
and when the same feelings were not reciprocated by my client, She tried to seek
revenge from him so she concocted the whole incident as i pointed out earlier
she threatened my client about repercussions of his action.
My client only had the fatherly instincts for her and always tried to help her. She
lied at every stage of the trial. Her testimony cannot be relied upon as the victim's
actions are contradictory to her statements.
The defense thereby requests this hon’ble court to reject the testimony of the
victim and we would ask you to render the only verdict which is fair, of not guilty.
Thank you Your honour