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IN THE COURT OF SESSION, TIZ HAZARI, DELHI

Criminal Complaint No. ……….. (2018)
In the matter of:
State of Delhi NCR Prosecution

Versus

Monty Khanna s/o Radhey Shyam Defence

Criminal Complaint under Section 354 and Section 509 of the

Indian Penal Code, 1860
Memorial on behalf of the defence in Mock Trial

Submitted by:
Name of Student: Meghan

Examination Roll No. 170370

Class Roll No. 173562

LL.B. V Semester, Section E

Campus Law Centre, University of Delhi

 Written submissions for the accused under section 314 of the CRPC.
Your lordship I, Meghan, representing the defence in the case of state v monty khanna, it is
humbly submitted that the accused has been wrongfully implicated in the case of outraging
and insulting the modesty of a woman under section 354 and 509 IPC.

The accused most respectfully submits before this Hon’ble court as under:-

1. That the accused is a law abiding citizen of this country with no criminal antecedents.

2. Son of radhye shyam khanna residing in 44 GK1 New Delhi. The accused is working
at honeymoon travels pvt ltd from past 15 years.

3. The accused has been a good employee and there never has been any complaint

4. That Ms. Kashish is a personal secretary of the director of the same company in which
accused works. Here as ms Kashish joined the company and at a nascent stage
therefore the accused tried to help and encourage. He always had fatherly feelings for
her as she is of his daughter’s age. She was often invited for coffee and was also given
a lift to home out of deference.

5. The accused discovered during the interaction with victim that she was keen for
promotion and can stoop to any level to achieve that promotion. Once in a serious
tone she said she might get promoted to accused job.

6. On the day of Christmas both Monty and Kashish got late at work and therefore mr
Monty khanna decided to give lift to ms Kashish. On the way back home she shared
intimate thoughts talked bout her private life and also told that she was depressed as
she had no man. While saying this she was in tears and by seeing this accused got
emotional wiped her tears from her face. Here in it is submitted that the victim used
the situation to her advantage and held the hand of the accused and said she wanted a
man like him to which the accused abruptly retorted to. He told her that he was
married and had a daughter of her age.

7. On the New Year eves party on 31st December the accused picked ms Kashish and
reached the hotel at about 8:15 pm. In the lift where the alleged incident is claimed to
have taken place where it was the victim who got into the arms of accused and when
she was tried to kiss the accused pushed her away and told her not to do such acts
thereafter the victim threatened the accused that he will regret his actions. Then both
of them joined the party

8. She after the party was offered a lift back home. It is humbly submitted that the victim
has gone back home with the accused even after the offence is alleged to have taken
place is highly improbable.

9. That the accused after 10 days got to know about the incident. Such a long delay in
lodging the report detracts the value of the same rendering it false.
10. In the cross examination the victim has not retracted any of these statements and have
acquiesced to the fact that she had gone back with the accused. No witness from the
party

The accused before the court has contested the case and also rejects the baseless
allegation put by the victim.

Your lordship this is an open and shut case the defence most humbly submits that it is a
case of an ambitious woman who wants to lower the dignity of the accused who has a
good image in the society with oblique motive to get the position of the accused. This is
transpired out of the cross examination that there is no eye witness the case rests upon
circumstantial evidence. The prosecution has failed to prove the case beyond any
reasonable doubt. The case lacks any evidence let alone cogent evidence.

It is most humbly prayed before this Hon’ble court that the case which shows malafide
and requires intervention of this court.

PRAYER
In light of the arguments made it is most respectfully prayed that the present case be
dismissed and Mr. Monty Khanna be acquitted of all charges framed.

The Hon’ble Court may pass any other order which this court deems fit in the interest of
justice.

Mr. Monty Khanna

New Delhi

(Defendants)

Date

Through

Mr. Meghan (Advocate)