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Opening Satement

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13 views2 pages

Opening Satement

Legal documents

Uploaded by

lg0710954
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Counsel seek permission to approach the dics……..

Very good afternoon lordship, the counsel has humble pleasure to appear before this learned
court . The counsel seeks permission to address the bench collectively as lordship …..

Much obliged lordship….

The prosecution is present before this hounable court under section 197 of bnss , as it form
local jurisdiction of the court read with section 232 of bnss as the case is exclusively trial by the
honorable session court.

Your Lordship, in present case,the prosecution will prove that this case is not case of rape but
also the case of atempt to murder ….done on the victim by her live in patner. Which resulted in
mental trauma and bodily harm to the victim.

The present case starts with divyank and niharika entering into a live -in relationship after dating
fortnight where their later parents agreed on the same. During their live in niharka found
divyank little short tempered , though she ignored and thought their love and mutual
understanding will one day improve divyank with time.

In Dec 2023 they moved to a romantic vacation to voa, where divyank gave a diamond ring and
heartfelt proposal to niharika….. After returning from voa, Niharika discovered her pregnancy.

Nihararka prioritized her career and was firm in her decision to terminate her pregnancy .She
proceeded with abortion by her own choice . divyank was against it and became withdrawn and
isolated from the society…. During which he met Kiara, her office colleague . later with time their
relationship converted into sexual union .

When Niharika caught his relationship with Kiara on 1 May , Divyank accepted the infidelity .

On 2nd may , divyank tried to force himself on her sexually when she resisted he assaulted her ,
knocked her down and penetrated her . Following the assault, Divyank tried to kill her , but she
somehow managed to escape from there………………………………….

With regard to the i.o statement and evidence found in the flat and medical report, the evidence
from the prosecution side is presenting….

The broken bottle ,blood on floor, stained knife and divank phone was found on the flat .the
bottle was broken in a such a way that seems like someone has broken aggressively and
harshly. The next stained knife and blood on floor can merged with the report of medical to
clarification of the incident. In the medical report , it was mentioned that she was wounded by
any sharp object and mark of force was present on her body. Furthermore, her hymen was torn
and trace of semen was found in her vagina.

The present evidence proves that during the hated argument divyank broke the bottle and raped
her, when she tried to escape from there, he attempt to murder through the knife which causd
her bodily injury……

With the present evidences and the fact of the cases , prosecution alleged against divyank
under section 64 with 109 , 69 and 117 …..for punishment of rape, attempt to murder, and so
on.

Refering to the case law sarju prasad v.s state of bihar 1969 …( prosecution put charge of 109
bns , ) ……

Sohan singh v.state of rajasthan( prosecution put charges of 63 of bns, and punishment under
section 64)

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