Professional Documents
Culture Documents
UNIVERSIT
Y
TEAM
CODE
3rd Amity National Moot Court Competition 2015
State of
Rajasthan.........................................................................APPELLAN
T
V.
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Bhanwarlal and
others.....................................................................................RESPOND
ANT
Special Leave Petition (Criminal) No. --- of 2015
TABLE OF CONTENT
INDEX OF AUTHORITIES..........................................................3
ABBREVIATION...........................................................................6
STATEMENT OF JURISDICTION.............................................7
STATEMENT OF FACTS.............................................................8
STATEMENT OF ISSUES............................................................11
SUMMARY OF ARGUEMENTS.................................................12
ARGUEMENT ADVANCED........................................................14
PRAYER..........................................................................................34
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Index of Authorities.
I.
II.
III.
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V. E- Sources
www.scconline.co.in
www.manupatra.com
www.westlaw.com
www.IndianKanoon.com
ABBREVIATIONS
A.I.R.
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ILR
AC
Anr.
Art.
ed.
HonBle
Ors
P.
Para.
S.
S.C
S.C.C.
SCR
u/s
UOI
V
i.e.
Exp.
PAN
JJB
:
Indian Law reports
:
Appeal Cases
:
Another
: Article
:
Edition
:
Honourable
:
Others
:
Page
:
Paragraph
:
Section
:
Supreme Court
:
Supreme Court Cases
:
Supreme Court Reporter
:
Under Section
:
Union of India
:
Versus
:
That is
:
Explanation
:
Panchnama
:
Juvenile Justice Board
STATEMENT OF JURISDICTION
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STATEMENT OF FACTS
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Ms.Shalini aged about 20 years, the complainant, was a nursing student and was
living
in a Hostel at Jaipur. On 20th December, 2014Bhanwarlal the choukidar and tribhuwan the
multimillionaire spoilt student kidnapped her carried her to the room of choukidar where Mohan
and Sohan were drinking heavy liqour. Only 3-4 students were there in the hostel and staff
member and warden were not present. She was gang-raped by all.
2.
She was thrown outside the backside of the hostel about 4 am about 5am she came to little
senses and noticed by certain paasersby she was thaken to the police station where fir was lodged
and case under 364A,376D was registerd.
2.1 A Panchnamah was prepared. Exhibit-A-1 contains the list of articles confiscated by the
Investigation Officer viz torn out Kurta, Payjama, panty, hawaichappal, non-vegetarian food
items, tumblers, liquor bottles, drugs, cigarettes, hukka with tobacco and Matchbox, other
intoxicants, sharp knife weapon, Cash Rs. 10,000/- + Rs. 50,000/- etc. Four mobile cells of the 4
accused were found and seized. On checking of call list it was found (i) there had been call in
between the 4 accused in the evening at about 7.00 P.M. and (ii) two missed calls were by
Tribunvan to the Complainant on 29.5.2009. Site map was prepared which is Exhibit A-2. A
classic car Mercedes registered in the name of father of Tribhuvan and the driving licence of
Tribhuvan were found apart from one motor bike in the Campus. In the Car one bottle of foreign
liquor was also found with bed sheets, carpet, cosmetics, cigars etc. The complainant was
required to undergo medical examination within 12 hours. The Medical Jurist in the report stated
that blood was seen in the vagina and hymen of the complainant was found to have been
ruptured and damaged. The accused were also required to undergo Sperm Detection Test and
the report corroborated the claim of the complainant. Presence of semen and human spermatozoa
on the bed sheets of the mattress were noticed.
3.
The prosecutrix, (PW-1) stood to the test of cross examination. ShriRamlal (PW-2) and
ShriShyamlal (PW-3) who were passing through the road on the back side of the hostel found the
complainant in naked condition and stated about injury on the private parts, abrasions and
bruises on the breasts and cheeks and oozing of the blood and that she was in a serious condition.
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4.1 He is a minor. He produced his horoscope, birth certificate and matriculation certificate
wherein he was found as having completed 17 years and 10 months on the date of event. He
smilingly stated that he had inter-course with the complainant gracefully, she was in proper
senses and co-operative. She was misused by other accused. He was declared as minor.
4.2 Shri Mohan claimed that he was out of the town, came to his house at about 11.00 P.M. and
had not gone to the room of Bhanwarlal. He denied the charge. However, the Motor bike is
registered in his name. He failed to prove his denial.
4.3 ShriSohan corroborated the rape story but claimed that he was persuaded by Tribhuvan to
have forcible inter-course for his pleasure. ShriTribhuvan was watching the action.
4.4 ShriBhanwarlal confessed guilty but stated that he had to co-operate and plan as Tribhuvan
gave him Rs. 10,000/- and also persuaded for forcible rape.
5.
The Sessions Judge, Jaipur by judgment dated 30.12.2010 convicted the accused after
holding that the prosecution has proved its case fully supported by independent witnesses and
medical evidence on record apart from the Sperm Detection Test stained clothes, mattress with
blood, drugs, intoxicants, cash etc. The Sessions Judge Court considering the defence evidence
convicted the accused as follows :(i) ShriBhawarLal, Chowkidar to undergo rigorous imprisonment for life;
(ii) Shri Mohan, student to undergo rigorous imprisonment for a period of 10 years;
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ISSUES RAISED
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SUMMARY OF ARGUMENTS
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ARGUEMENT IN ADVANCE
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In Ashok Kumar v. State of Haryana1, the Supreme Court observed : In order to establish an
offence under Section 376(2)(g) IPC, read with Explanation I thereto,the prosecution must
adduce evidence to indicate that more than one accused had acted inconcert and in such an event,
if rape had been committed by even one, all the accused will beguilty irrespective of the fact that
she had been raped by one or more of them and it is notnecessary for the prosecution to adduce
evidence of a completed act of rape by each one of theaccused. In other words, this provision
embodies a principle of joint liability and the essence of that liability is the existence of common
intention; that common intention presupposes priorconcert which may be determined from the
conduct of offenders revealed during the course ofaction and it could arise and be formed
suddenly, but, there must be meeting of minds. It is notenough to have the same intention
independently of each of the offenders. In such cases, theremust be criminal sharing marking out
a certain measure of jointness in the commission ofoffence. In the present case all the accused
share the common intention as after kidnapping she has been taken to the choukidars room where
other two accused were waiting for the other two accused and prosecutrix2.
In State of Punjab v. Gurmit Singh and others 25,the Court observed the effect of rape on a victim
with anguish: - "We must remember that a rapist not only violates the victim's privacy and
personal integrity, butinevitably causes serious psychological as well as physical harm in the
process. Rape is notmerely a physical assault - it is often destructive of the whole personality of
the victim. Amurderer destroys the physical body of his victim, a rapist degrades the very soul of
the helplessfemale." The present case is no exception the stigma of this unfortunate event on her
life will force her to live with the depression.
In DhananjoyChatterjee v. State of W.B.26 this Court has observed that a shockingly large number
of criminals go unpunished thereby increasingly encouraging the criminals and in the ultimate,
making justice suffer by weakening the system's creditability. The imposition of appropriate
punishment is the manner in which the court responds to the society's cry for justice against the
criminal. Justice demands that courts should impose punishment befitting the crime so that the
courts reflect public abhorrence of the crime. The court must not only keep in view the rights of
the criminal but also the rights of the victim of the
The minimum statutory punishment for the gang rape is 10 year however if there are special and
adequate reasons the punishment can be decreased. If the sentence has been awarded less than 10
years then those reasons must be mentioned in the judgement. In the present case high court
reduced the sentence less than 10 years on the appreciation of the defence evidence those
specific defence evidence has not been disclosed by the high court which seems unreasonable.
The social impact of the crime e.g. where it relates to offences against women, dacoity,
kidnapping, misappropriation of public money, treason and other offences involving moral
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In the case of state of M.P. v. Rakesh 31 the sessions court awarde punishment of 10 years the high
court reduced it to 8 months Supreme Court held that high court has taken a wrong decision and
SC set aside the judgment of the high court. In the case of Ramjilal and others v. state of M.P 32
the court held that no interference is required where for gang rape 10 year of imprisonment was
awarded by the court of the session on appeal high court confirmed it sc held that even 10 year of
imprisonment is not adequate but. State has not appeal in this issue hence no interference.
28AIR2013SC1119
29(2005) 5 SCC 413
30 MANU/SC/2477/2005
31 MANU/SC/2477/2005
322011 Indlaw SCO 698
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34MANU/SC/0825/2013
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Prayer
Wherefore, in the lights of facts stated, issues raised, arguments advanced and authorities cited, it
is most humbly prayed and implored before the Honble Supreme Court, that it may be
graciously pleased to adjudge and declare:
Place: Delhi
Date: 30/09/2013
s/d
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