Moot Problem

Maganbhai Chamaris a watchmanat textile factory managed by two partners Mr Rajbir Singh andMr Ranjit
Singh aged 49 years and 47years respectively. He was drawing Rs 4000/- as salary. His family consists of his
wife, three daughters, two sons and an ailing mother. The familys financial position was not very sound. It
was difficult for him to manage his family and ailing mother with the meager salary that he was drawing.
Maganbhai requested his employers to employ his wife somewhere so that they would be able to meet their
expenses. Rajbir Singh asked Maganbhai to bring his wife along one day so that he would meet her and
decide whether he could employ her. One fine day on 1st January 2012, Maganbhai took his wife
Mausamibai to meet Mr Rajbir Singh. Mausamibai though from a poor family and very simply dressed but
was considerable presentable and therefore Mr Rajbir Singh appointed her for housekeeping and offered her
Rs 3000/-. Her timing was from 8am to 8pm. Maganbhai and Mausamibai readily agreed as it would improve
their financial situation. Mausamibai proved to be good worker thus Mr Rajbir Singh assigned her the upkeep
of his office and attached restroom. This provided lot of opportunities for close interaction. Initially on the
pretext of appreciation of her work Mr Rajbir bestowed upon Mausami some gifts. This brought them closer.
After some time Mr Rajbir started showing interest in developing a physical relation with her. Mausami did
not object as she feared that she would lose her job and it would lead to financial hardships at home. So,
steady relationship developed between them. The fact of this relationship was known to the partner Ranjit
Singh and her husband.

One day the eldest daughter of Mausami, Geeta aged16 years came to meet her mother at her work place.
Her mother was not around but Mr Rajbir and Mr Ranjit were in their office. When she went in to inquire
about her mother they passed some sexually colored remarks as the flower is bloomed for the beetle to suck
honey, etc. The girl got bit scared and complained to her mother. Her mother asked her to keep the matter a
secret and not to mention about it to anyone. In fact she scolded her for going there.

Few days later Mr Rajbir and Mr Ranjit called Maganbhai, and offered to employ his daughter on work.
Maganbhaireadily agreed as this would improve their financial situation. Geeta started to work from 1st
October 2012. Very soon Mausami was shifted to other unit to work and Geeta was assign to clean the office
and the adjacent rest room. From the day one both the partner would pass lewd comments of which Geeta
was very uncomfortable. He was not able to share her situation with her father but she did bring the matter
to the notice of her mother. Mausamibai was in dilemma. She feared that she shared her concern all would
lose job and her marriage would also be at stake. She was unable to take any concrete decision.

On fine day on 27th October 2012 both the partners called Mausami and asked her to take her daughter
Geeta home, who was in the rest room. They thrust a bundle of 100 Rs notes in to her hand and asked her to
manage things. When she went into the room she saw her daughter unconscious and profuse vaginal and
anal bleeding. Mausami somehow managed to take her daughter to the doctor. Geetawas treated for her
injuries. Geetas mother encouraged Geeta to share with doctor that Mr Rajbir forcefully had sexual
intercourse with her in presence of Mr Ranjit and Mr Ranjit assisted him in the act. Mr Ranjit though
attempted but was not able to have sexual intercourse with Geeta in frustration he picked up a knife lying
across and inserted in Geetas anus causing deep injuries. Condition of Geeta disturbed her mother. She
happened to know an NGO representative who worked for womens cause in their locality. She met her and
shared her problem. NGO representative, Roma encouraged Mausami to file a FIR.

On the basis of investigation, police filed a charge sheet against Mr Rajbir Singh and Mr Ranjit Singh. They
were alleged to have committed offence under sections 354 A, 354B, 376, 509 of IPC and under section 4 of
The Protection of Children from Sexual Offences Act, 2012. During the trial it was argued that the girl
belonged to scheduled caste and the accused belonged to higher caste hence it is very unlikely that they have
committed the offence. The Trial Court found them guilt and convicted them.

Being aggrieved by the conviction, they preferred an appeal to the High Court of Gujarat

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