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2 nd MM (DU) National Moot Court Competition, 2018

MOOT COURT PROBLEM

Anjali, aged 21 years, was working with FDH Bank in Lumbai. She was engaged to one Bharat who was also working in the same bank. Life was going great and their marriage was scheduled for 04 th March, 2016. Bharat along with his family members was scheduled to visit Anjali’s place at Dune for marriage ceremony. Consequently, on 02 nd March, 2016, at about 05.30 p.m. Anjali boarded the Lumbai-Dune-Passenger Train from Lumbai Railway Station to reach her home at Dune for marriage ceremony. Anjali boarded the ladies’ division of the last compartment. There were other passengers in the ladies’ division of the compartment along with her. When the train reached Ponawala, all other lady passengers in the ladies’ division of the compartment had alighted and, therefore, Anjali also got down along with them and hurriedly entered the ladies coach attached just in front of the last compartment. To her surprise there was no body except her in the ladies’ coach. All of sudden she saw a boy (named Alok) around 17 years of age, standing in the passage and constantly gazing at her. She sat there quietly for some time but felt uncomfortable and decided change the compartment on the next station. But as the fate had its own course, Alok pounced on her and repeatedly hit her head on the walls of the compartment. It is further alleged that Anjali was crying and screaming and that she was dropped/pushed by Alok from the running train on the track and that the side of her face hit on the crossover ofthe railway line. Further, it is alleged that in order to satisfy his lust, Alok also jumped down from the other side of the running train and after lifting Anjali to another place by the side of the track he sexually assaulted her. Thereafter he ransacked her belongings and went away from the place with her mobile phone. Eventually, Anjali was found in a badly injured condition lying by the side of the railway track and Alok was also apprehended soon thereafter. Anjali was removed to the Hospital where she succumbed to her injuries on 05 th March, 2016.PW-1 Robin and PW-2 Akbar were also traveling in the general compartment attached in front of the ladies compartment. Said witnesses heard the cries of the deceased. PW-3 Chhotu wanted to pull the alarm chain to stop the train but he was dissuaded by a middle-aged man who was standing at the door of the compartment by saying that the girl had jumped out from the train and escaped and that in these circumstances he should not take the matter any further as the same may drag all of them to Court. However, when thetrain reached Dune Railway Station within a span of 15 minutes, PW-1 and PW-2 rushed to PW-4 Ganpat, the guard of the train and complained about the incident. It triggered a search, both, for the deceased and the accused.The

train and complained about the incident. It triggered a search, both, for the deceased and the

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2 nd MM (DU) National Moot Court Competition, 2018

Postmortem and D.N.A. profiling of the deceased were done and the FIR was registered. Charge sheet filed under Sections 302, 376, 394, 397, 447 of the IPC. The opinion as to the cause of death mentioned in the postmortem report is as follows:Injury No.1 is sufficient to render Anjali dazed and insensitive. It is capable of creating dizziness to head and rendering her incapable to respond. These wounds may not be of the nature of exclusive cause of death. This injury will be caused only if the head is forcefully hit to backward and forward against a hard-flat surface. This might not lead to total unconsciousness but can result into numbness. The injury described in No.1 is caused by hitting 4-5 times against a flat surface holding the hair from back with a right hand.

a flat surface holding the hair from back with a right hand. Injury No.2. It is

Injury No.2. It is the injury sustained from beneath the left eye up to chin bone further below and on lips. There were fractures on maxilla and mandible. About 13 teeth have gone severed. The left cheek bone is pulverized. A vertically long mark of rubbing chin bone and cheek is seen. The gliding mark on lower chin is seen 5 cm. (Gliding movement). Post mortem report reveals that the deceased was pushed down from running train. However, it was a running train, it had only negligible speed. The consequence of speed is minuscule in inflicting this injury. Since she was rendered insensitive as a result of injury No.1 in the absence of natural reflex the face had to bear the full force of the descent. There were no injuries of fall on elbows, wrists and inner boarders of forearms. There were no reflexes in this fall. Injury No.2 consist of the injuries that may have been caused by fall of a person having the weight of the deceased (42 kg.) from a height of 5 to 8 feet. These injuries will be sustained if this portion (left cheek bone crosswise) hits against train tract. Left cheek bone has been thoroughly pulverized. “The decedent had died due to blunt injuries sustained to head as a result of blunt impact and fall and their complications including aspiration of blood into air passages (during unprotected unconscious state following head trauma) resulting in anoxic brain damage. She also showed injuries as a result of assault and forceful sexual intercourse. The aspiration of blood into the air passage could have been due to the victim being kept in a supine position, probably, for sexual intercourse. She had features of multiple organ dysfunction at the time of death. Vaginal introitus and wall showed contusion all around, most prominent just behind urethral meatus. Hymen showed a recent complete tear and a natural indentation. (Remark–recent sexual intercourse)”. As per the DNA typing the seminal stains on Item No.1(a), 2(b) (the vagina swabs of the victim), 2(a) (vaginal smear collected from the victim), 3(a) (cut open garment) belonged to the accused to whom the

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2 nd MM (DU) National Moot Court Competition, 2018

blood sample in Item No.8 (the blood sample of the accused) belongs. The blood of the victim

[Item 1(b)] was found in the clothing of the accused i.e. pants, underwear, Shirt.

Trial Court:

After the case was committed to the Court of Sessions, the accused was

charged. The prosecution examined the witnesses and thereafter, the statement of the accused

was recorded and he adjured his guilt. Accused also took the plea that he is a juvenile.

However, the Learned Session’s Judge tried the accused as an adult referring the Juvenile Justice
However, the Learned Session’s Judge tried the accused as an adult referring the Juvenile
Justice (Care and Protection of Children) Act, 2015 and vide judgment dated
11.08.2017has convicted the accused under Sections 302 of the Indian Penal Code, 1860, and
sentenced him to death. He has additionally been convicted under Sections 376, 394, 397 and
447 of the IPC.
High Court:
The High Court vide judgment dated 02.01.2018, maintained the conviction under
Sections 376 IPC, 394 read with Section 397 IPC and Section 447 IPC and the sentences
imposed for commission of said offences. The conviction under Section 302 IPC was set
aside and altered to one under Section 325 IPC. The reasoning accorded by the High Court
was that the accused had neither intention nor the knowledge to cause death.The fact that the
deceased survived for a couple of days after the incident and eventually died in Hospital
would also clearly militate against any intention of the accused to cause death. Similarly, in
keeping the deceased in a supine position, intention to cause death or knowledge that such act
may cause death, cannot be attributed to the accused.
Criminal appeal was filed before the Supreme Court by the State. The appeal is listed for
final hearing. Argue the case on behalf of Appellant or Respondent.
The laws applicable on the moot proposition are in pari-materia with laws of India.

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