MOOT PROBLEM

1. Mr. Akshay Maheshwari was a student Dhoklam University, pelly pursuing his 1st year in the
field of engineering. He used to live in Campus Hostel with his batch mate Mr. Vaibhav
Singhania. Akshay was very studious and used to stay far away from all types of intoxicating
substances where, Vaibhav also didnt smole or drink but he used to spend most of his time
with his two friend Mr. Mukund Maheshwari and Mr. Kratharth Bhargava who had a very
bad habit of drinking alcohol and smoking. Often there was a spat between them, as Akshay
don,t like Vaibhav spending time with them. Mukund and Krathart often forces Vaibhav to
drink and smoke but he refused.
2. One day both Mukund and Krathart administered Vaibhav with alcohol in his soft drink in
large quantity. After this when Vaibha came intoxicated in his room, Akshay starts telling
him drunkard and also to tell Vaibhavs parents about it. After this Vaibhav starts abusing
him and asked him to leave the room, after this Akshay slapped Vaibhav so hard that blood
starts coming from his mouth. Vaibhav reverted back and starts beating akshay with his
baseball bat resulting into fracture in the back bone and also Vaibhav has given a blow on his
stomach using the same baseball bat.
3. After this incident, Akshay was rushed to the City Hospital and after various Medical tests
and declaration given by Akshay to the doctor told Akshays parent that his back bone is
totally fractured and that it cannot be treated and also because of the blow of baseball on
the stomach, as he was suffering from enlarged spleen his speen is raptured and need to be
operated otherwise he cannot survive for long, the fact also came into lamplight that the
unnatural offence was committed by Vaibhav against Akshay. The doctors also told akshay
parents about the aftermath which could occur after the operation.
4. After this statement by the doctor, Mr. Akshays parent agreed upon the terms and
conditions for the operation, but unfortunately operation was not successful and caused
infection in the stomach of Mr. Akshay and having an intolerable pain in the stomach due to
which he was also not able to eat something or even drink water. After two days of
operation and bearing so much pain Mr. Akshay called his parents and asked them for giving
him euthanasia.
5. Accordingly Akshays father filed a case for seeking the permission of Honble High Court of
Delhi to seeking permission for giving euthanasia to his son and also filed a case in Honble
District court of Delhi for attempt to commit murder under section 307 of IPC and
committing unnatural offence under section 377 under IPC against Vaibhav Singhania.
Laws applicable:
1. Section 377 of Indian Penal Code- unnatural offence
2. Section 307 of Indian Penal Code- attempt to murder
3. Constitution article 21- right to life
4. Section 32 of Indian penal code- dying declaration
5. Unreasonable force
6. Right to private defence- section 96-100
7.

BY: DEVANSH BHARGAVA

2ND YEAR (CORPORATE LAW) B1 BBA LLB
Contact no. 8755016564
Email: bhargavadevansh97@gmail.com