Trial on ipc 376/417
Rohit_talukdar
(Querist) 14 November 2014
This query is : Resolved
Dear sir,
This is further to my last query regarding trail of my friend under section-376/417.
FIR dated 27.05.2013.
Last week examination of prosecution witness happened.
PW1 – Examination in Chief
1.0 From the October’ 2011 we (with Accsd) meet each other, exchanged phone no. We keep in touch over phone regularly. Our friendship grow-up. Then this friendship turned into love affairs.
2.0 Accused promised me to marry. As I am 24 years old then and I completed Bachelor degree from “X” college, I consented to that proposal. Promise of marriage was with in 2011 to march’ 12.
3.0 Then we were in a room of “Y” hotel on 03.04.2012. There our physical intimacy grownup. We met and cohabited there. The room no. was 25.
4.0 I requested Accused to inform the matter to his parents and he did the same as told by him. I also informed to my parents.
5.0 I and accused signed in the register of the hotel as of our name but I changed my surname.
6.0 I alone visited the hotel but I did not found our name in the register as it was destroyed. Then Accused told me that he and his brother-in-law did the same.
7.0 Later accused refused to marry me. I had tried our best but matter was not settled.
8.0 15 day’s prior to the marriage of accused with another girl, accused threatened me.
9.0 Then on 28.05.2013 I lodged this complain. Marriage of the accused was 27.05.2013.
CROSS Examination
1.0 Neither in161 nor in 164 nor FIR this room no. 25 of the hotel is mentioned.
2.0 Neither in 164 nor in FIR the matter “signing in the hotel register and destruction of Evidence” mentioned. (161 checked. But same was not in 161 statement also).
3.0 Neither in 161 nor in FIR the statement of threatening by accused is mentioned but same is mentioned in 164 statements. (Again 164 checked. But same was not mentioned).
4.0 VG knew that the accused was in service at Calcutta during that time.
5.0 VG also working in a beauty pearlour near the hotel (5 mins distance by walking).
6.0 VG denied all other suggestion put up by defense lawyer.
PW-2, PW3 & PW4 ----- Declared hostile.
PW5 – Mother of VG
Examination in chief
1.0 I know Accused. My daughter and accused love each other from school days (from 12th standard).
2.0 Accused “without any reason raped my daughter” in that hotel.
3.0 Accused confessed me over phone that he did the same. I told accused to settle the matter by yourself and my daughter as this matter is between accused and my daughter.
Cross Exam
1.0 I did not told the above matter to Police.
Then Register of the Hotel is called. destruction of evidence has not been found. Also name of Accused and VG have not found in the register.
Now next phase witness examination will start tomorrow.
Please give opinion on the above regarding probability of conviction.
Above matter are explained as per true copy of evidence paper.
Devajyoti Barman
(Expert) 14 November 2014
Meet a lawyer with papers.
merit of a case cannot said on piecemeal supply for few evidence.
Merit on trial is not a easy thing to predict on few lines of few witnesses.
Rajendra K Goyal
(Expert) 14 November 2014
No probability of conviction can be advised on the above base. Full case file after evidence of both sides has to be referred.
