Criminal LawCrPC

Statement of Accused Under Section 313 of Criminal Procedure Code, 1973

 

 

IN THE COURT OF SESSIONS JUDGE

PATIALA HOUSE COURT, NEW DELHI

  SC No. 1/2018

                                                                                  FIR NO. 2/2016

                                                                           State V. B. Singh

                                                                                     P.S. Naraina

 

 22.03.2024

Statement of accused  B. Singh, S/o. Sh. A, R/o. Vill. X, Post Shakpura, PS Bahughar, Distt. Hapur, U.P. recorded under Section 313 Cr.P.C.

Without Oath

Q1. It is in evidence against you through the deposition of PW-1/ Prosecutrix that in November, 2015, while she was going to her office, she felt that somebody was following her and this continued for a week and  she put it down to only a suspicion and thereafter on one day, you made a phone  call  in her office and told her to meet you and on her refusal ,  you  started messaging and calling  her on her mobile. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened. I and the prosecutrix were very good friends since January 2015. She used to go to various places like malls, restaurants with me during the period January 2015 to March 2015. I had also accompanied her to Kanpur on 21.03.2915 and returned therefrom to Delhi on 22.03.2015 and we had travelled by train.

 

Q2. It is further in evidence against you through the deposition of PW1 / Prosecutrix that on the same evening she left her office at about 6:15 p.m. accompanied by her senior Sir, she had reached the bus stand and was waiting when you came and held her hand and started speaking to her when her Sir caught hold of you and other staff people also reached and  they gave beatings to you and Sir also called the police. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q3. It is further in evidence against you through the deposition of PW1 / Prosecutrix that you were taken to the Police Station and police then registered one FIR against you and arrested you. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened. A false case was registered against me after calling me at police station. In FIR no. 911/2015 the prosecutrix had given a statement to the Ld. MM U/s. 164 Cr.P.C. that she wanted to withdraw her complaint in FIR 911/2015.

 

Q4. It is further in evidence against you through the deposition of PW1 / Prosecutrix that you had told her fiancé and his family members that you had many obscene pictures featuring her and the life of the boy would be spoiled if they got him married to her.  What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q5. It is further in evidence against you through the deposition of PW1 / Prosecutrix that in the first week of September, 2016, you had called her on her mobile and told her that in case she wanted to save her marriage proposal, she should meet you, she then had gone to meet you at Vaishali Metro Station and you took her to a room and you took many photographs of her while she was sitting in that room and then you edited the said photographs and sent her nude pics to the boy and his family and falsely told them that she was having an affair with you. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q6. It is further in evidence against you through the deposition of PW1 / Prosecutrix that in May,  2016, you had forced  her to come to the hotel room and thereafter you had tried to disrobe her and had tried to lie upon her and you had also touched her private part i.e. your penis all over my body and she had however saved herself from you. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q7. It is further in evidence against you through the deposition of PW1 / Prosecutrix that on one day in the month of May, 2016, in a hotel near Vaishali, Ghaziabad, you intentionally captured the image of the private area of the prosecutrix without her consent, with intent to violate her privacy and thereafter in August 2016, you transmitted the said image to one D, who at that time was in marriage talks with the prosecutrix. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q8. It is further in evidence against you through the deposition of PW1 / Prosecutrix that you used to send her messages on her facebook account 3-4 months prior to you started following her. What do you have to say?

Ans. PW1 has deposed falsely – no such thing had happened.

 

Q9. It is further in evidence against you through the deposition of PW1 / Prosecutrix that she filed the complaint to the police Ex. PW1/A against you because it was due to your   calls and messages to the boy that her marriage proposal could not be finalized. What do you have to say?

Ans. . PW1 has deposed falsely – no such thing had happened.

 

Q10. It is further in evidence against you through the deposition of PW1 / Prosecutrix that she was taken to DDU Hospital for her medical examination and MLC bears her thumb impression at point A. What do you have to say?

Ans. I have no knowledge about the said fact and therefore do not wish to state anything with respect to the same.

 

Q11. It is further in evidence against you through the deposition of PW1 / Prosecutrix that during investigation, she was brought to Patiala House Courts and she gave her statement before Ld. Magistrate  and she can identify the said statement U/s. 164 Cr.P.C  which is now Ex. PW1/B. What do you have to say?

Ans. I have no knowledge about the said fact and therefore do not wish to state anything with respect to the same except to state that the prosecutrix gave a false statement before the Ld. Magistrate.

 

Q12. It is further in evidence against you through the deposition of PW1 / Prosecutrix that during investigation, she had handed over her mobile phone to the IO Madam and the boy to whom she was going to get married namely Sh. D had also handed over his mobile to IO Madam. She had also handed over one pen drive Ex.P1 in which she had taken the pics and the messages sent by you to D. What do you have to say?

Ans. I have no knowledge about the said fact and therefore do not wish to state anything with respect to the same except to state that I have not sent any message to D.

 

PW-2 D

 

Q13. . It is in evidence against you through the deposition of PW-2 / D that his engagement was fixed with the prosecutrix for 09.10.2016 and about 15 days before , he received a telephone call from you who introduced himself as B. Singh  and you told him not to go for engagement with the prosecutrix and if he went ahead then you were having some photographs of the victim with you which you would distribute in my locality in order to defame him.

Ans. PW2 has deposed falsely – no such thing had happened.

 

Q14. It is further in evidence against you through the deposition of PW-2 / D that you sent him two photographs at his WhatsApp account at his mobile no. xxx and he provided the said photos to the prosecutrix in a pen drive.

Ans. PW2 has deposed falsely – no such thing had happened.

 

Q15.  It is further in evidence against you through the deposition of PW-2 / D that after receiving of the said photos, he found that the said photos were of the prosecutrix and these were normal photos and he therefore, replied to you that he would like to meet you in person to find out what exactly you wanted from him, neither you came forward to meet him nor called him again. What do you have to say?

Ans. PW2 has deposed falsely – no such thing had happened.

 

Q16. Why have the witnesses deposed against you?

Ans. They have deposed falsely.

 

Q15. Do you want to lead DE?

Ans. No

 

Q16. Do you want to say anything else?

Ans. I am innocent and I have been falsely implicated by the prosecutrix in the present case. Prosecutrix came in contact with me in January 2015 through facebook and became very good friend. She used to go to various places like malls, restaurants with me during the period January 2015 to March 2015. Prosecutrix had also accompanied me to Kanpur on 21.03.2015 and returned therefrom to Delhi on 22.03.2015 travelling by train and the electronic generated ticket is Mark PX1/DX3. During the said journey, we had also taken photographs together which have been given Mark PX1/DX4 (Colly). She had taken friendly loan of Rs. 20,000/- from me on the ground of her education and exam and when I asked to return the same, this false case was registered against

 

RO & AC                                           Judge

                                                           ASJ, PHC, FTC/22.03.2024

 

VERIFICATION

It is certified that the aforementioned is the true and correct account of the statement tendered by the accused today before this court.

 

 

                                                            Judge

                                                           ASJ, PHC, FTC /22.03.2024

 

 

 

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