Moot Proposition

Law of Crimes-II, BA.LL.B(H),LLB (3) Semester IV

Mr. Dhruv with his three other friends Mr. Sumer, Mr. Sukaru, Mr.Sanket and Mr.Sonu lived in
City of Jailpur , Jailistan and jointly carried the business of sale and purchase of properties
including commercial plots, buildings and land for housing schemes. These five friends
purchased land for housing schemes at four places namely Basay, Bhankund ,Alawari and
Bhiwan in the state of Jailistan . In October 2019 Mr. Sanket and Mr. Sonu sold the land
purchased for the said business situate in Basay and did not share the money with Mr. Dhruv
which they received from sale of the property. Mr. Sumer and Mr. Sukaru utilizing the power of
attorney executed by Mr. Dhruv, sold the land acquired by them at Bhankund and used the
proceeds to their gain and did not share it with other friends including Mr. Dhruv.In month of
November 2019 when, Mr. Dhruv who had gone to Kerla in connection with his family
business returned and came to know about the sale and misappropriation of proceeds, he decided
to sell the land purchased at Bhiwan and keep the money in bank account operated jointly by him
and his daughter Ms.Dhanu who was studying in Mumbai to complete her MBA degree. Since
Dhruv too had the power of attorney executed by other friends who were his business partner he
used the document and sold property situate at Bhiwan and deposited the amount in bank. This
action annoyed the other partners in the business and so they filed a case against Ms Dhanu and
Mr Dhruv under sections 406, 420,465,467, 174 and 120b of New Penal Code on 30-12-2019.
Police team that reached the residence of Mr. Dhruv to arrest him comprised of Sub Inspector Mr
.Jauhar, Havildar Sheru and a female constable Ms. Sonia .The team found there the wife of Mr
Dhruv in the residence and no one else so returned without any accused. On 5-1-2020 sub
Inspector with Havildar Sheru reached the residence of Mr. Dhruv at night 11pm and did not find
Mr.Dhruv there, but happen to see Ms. Dhanu and arrested her on the ground that she was
beneficiary of the proceeds of wrongful gain as she was one of the account holders with
Mr.Ddhruv and instrumental in forging and using the power of attorneys in name of
complainants for disposing the property jointly owned.
Police brought the arrestee Ms Dhanu and lodged in police station at Jailpur . There at about 4
A.M. Ms. Dhanu saw complainants Sukaru, Sanket and Sonu along with Inspector who were
talking to each other to teach a lesson to the arrestee Ms Dhanu. There after all four committed
rape on the arrestee Ms Dhanu. Next day, police continued compelling the arrestee to tell them
where about of her father. After about 4 PM police took the arrestee to her residence to ask her
mother as to where Mr dhruv was. Again on the way to arrestee’s home the Inspector, Havildar
Sheru and lady constable Sonia met complainants Sukaru ,Sanket and Sonu. Complainants
persuaded police party to have some refreshment in nearby hotel; there again while lady
constable and Havildar were taking tea and snacks Ms Dhanu was directed to visit the facilities
for female. Moment Ms Dhanu entered the facilities, doors were closed by Sukaru and all
complainants entered the facilities from other gate and ravished the arrestee and threatened to kill
on the way if she disclosed the acts to any one as she is still not arrested officially. After
allowing the arrestee to meet her mother and get the information about her father Police party
took Ms Dhanu to the police station .Again she was raped by police inspector who came in civil
clothes and the three complainants. Morning she was produced before the Magistrate where
police asked for remand and 5 days police remand was granted by the court. Ploice completing
the formalities of medical examination of Ms Dhanu kept her in custody and continued the
sexual abuse and harassment. On expiry of the Police Remand Ms Dhanu was sent to judicial
custody. While in judicial custody Ms Dhanu got access to mobile phone of one visitor who had
come to meet her and sent a mail to one of her the friends Advocate Neeru who was practicing in
High Court of Jailistan . Advocate friend arranged for the bail and Ms Dhanu was enlarged on
bail. She got herself medically examined and then filed a complaint about the acts that took place
during the police custody, under section 376 read with section 120B NPC with the
Superintendent of Police as the Station House Officer of her area himself was involved in the
matter. On direction of the Superintendent of Police complaint was transferred to the” Mahila
Police Station” of the another area of State of Jailistan .Despite the serious offence of rape no
FIR was lodged by the Mahila Police Station instead Ms Dhanu was called many times to record
her statement but was refused the copy of statement on the pretext of non filing of FIR.
Being aggrieved by non filing of FIR Ms Dhanu filed a special Criminal Petition under Article
226 of Constitution the Country before the High Court of Judicature at Jailistan praying for
direction to the authorities to register FIR and also to refer the matter for investigation to Central
Bureau of Investigation of the Country. Now the case is before the High Court of Jailistan for
hearing.
Prepare the petition from side of Ms Dhanu and argue the case on behalf of the petitioner for the
prayers made so that direction could be given by the High Court for filing FIR against the police
inspector and persons involved. Also prepare the answer from the side of state for dismissal of
petition and no direction at this stage to the CBI for investigation.
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-Note- New Penal Code mentioned in the proposition is same as Indian Penal Code, 1860 and
The Criminal Procedure applicable is same as the Code of Criminal Procedure, 1973 of India,
applicable in State of Rajasthan. Article 226 mentioned in the problem is same as provided under
Indian Constitution, 1950.r.P.C

For any clarification in the proposition the

originator may be contacted

Dr. M Vishwakarma