MOOT COURT PROPOSITION

Prosecution case in nutshell is as follows :1.

Ms. Shalini aged about 20 years, the complainant, was a student
and was living in a Womens Hostel at Jaipur. On 20th December, 2014
while the complainant came out of her room in the hostel on the front
lawn of the hostel, the main accused, Shri Bhawarlal, aged about 30
years a Chowkidar/Night- watchman in the hostel and Shri Tribhuvan,
aged about 17 years, a spoilt multimillionaire student, kidnapped her at
about 11.00 P.M. and forcibly carried her in the Chowkidars room
behind the hostel, a lonely place, where 2 students namely, Mohan, aged
22 years, son of a local M.L.A. and Sohan, aged 20 years, close relation
of a Central Minister, were drinking heavy liquor. As the winter vacation
was to commence from 20.12.2014, hardly 3-4 students were in the
Hostel with a capacity of 100 inmates. The lady Warden had left for her
home and no other employee was there. The complainants mouth and
body was tied with cloth and Bhanwarlal had a knife in his hands. She
was given some intoxicant with drugs, forcibly put on the mattress and
was raped one by one by Tribhuwan, Mohan, Sohan and Bhanwarlal.
After gang rape, in a naked (unconscious) condition, the complainant
was thrown outside the backside of the boundary wall of the hostel at
about 4.00 A.M.
2.
At about 5.00 AM, the complainant came to little senses and was
noticed by certain passers by. She was carried to the nearest Police
Station being Crime No. 966 of 2014, where FIR could be lodged with
much difficulty
and on intervention of Police Commissioner.
Complainants medical examination was got done from Government
Hospital. Case under Sections 363 and 376(2)(g) was registered against
the four accused. Wide publicity was given by the print and electronic
media in local and national papers and on T.V. The Complainant was
admitted in the Government Hospital and was released after two weeks.
The Chowkidar, Bhawar Lal and other three accused could be traced out
and were found heavily drunk. Their narcotic test was performed.

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, hawai chappal, 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 19.12.2014. 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. Exhibit A-3 are the photographs of
the Chowkidars room with its contents.
3.
A case u/s. 376(2)(g) read with sec. 364A of Indian Penal Code was
registered against the 4 accused. After investigation, the three accused
were arrested. Shri Tribhuvan was absconding and was later arrested.
After filing of the charge sheet, the case was submitted to the Court of
Sessions. Shri Tribhuvan and Shri Sohan were released on bail by the
High Court. The Complainant sought death sentence for Bhanwarlal and
damages of Rs. 20 lacs under Section 357 and 357A of the Criminal
Procedure Code with costs. In respect of other accused, she claimed
rigorous imprisonment for 10 years and damages.
4.
The prosecutor, (PW-1) stood to the test of cross examination. Shri
Ramlal (PW-2) and Shri Shyamlal (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. It was corroborated by the Medical Jurists
report.
Photographer (PW-4) stated as to photographs and his
observations. Medical Jurist (PW-5)confirmed his report and the gang

rape mercilessly done. Shri Shyamlal who had drawn Spot map (PW-6)
was examined. They further stated that gang rape by the 4 accused had
dehumanizing effect on the victim. The witnesses were cross examined
and stood to the testimony.
5(i) Shri Tribuvan accused claimed that 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. As per Medical Certificate he was declared above 18 years and
was found indulging in sex and drugs. He confessed that with the
assistance of Bhanwarlal on payment of Rs. 5,000/- to Bhanwarlal and
Rs. 50,000/- to one other student of the Hostel, he had carried other
student to a five star hotel for the whole night. He also stated that he
had been frequently visiting the Hostel with the permission of the
Warden and that he spotted the Complainant in mini skirt (western
dress) with high heels, cosmetics and was allured of her charming
personality. He asked Bhanwar Lal to manage the Complainant on
payment of Rs. 10,000/- for him and Rs. 50,000/- for the Complainant.
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 be declared as minor.
(ii)
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 registered
in his name was found in the compound. He failed to prove his denial.
(iii)
Shri Sohan corroborated the rape story but claimed that he
was persuaded by Tribhuvan to have forcible inter-course for his
pleasure. Shri Tribhuvan was watching the action and laughing.
(iv)
Shri Bhanwarlal 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. He had been arranging drinks party earlier
also. He admitted receipt of Rs. 10,000/- for him and Rs. 50,000/- for
the Complainant. He told that he earlier gave offer to the complainant,
but she categorically refused to succumb to his offer for Tribhuvan, a
well built person with charming personality and lot of fortune.

6.
The Sessions Judge, Jaipur by judgment dated 30.05.2015
convicted the three 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, medical tests, etc. The
Sessions Judge Court considering the defence evidence convicted the
accused as follows :(i)
Shri Bhawar
imprisonment for life;

Lal,

Chowkidar

to

undergo

rigorous

(ii) Shri Mohan, student to undergo rigorous imprisonment for a

period of 10 years;
(iii) Shri Sohan, student to undergo simple imprisonment for a
period of 7 years; and
(iv) Shri Thribuvan, having been proved as minor to be dealt with
separately under the Juvenile Justice (Care and Protection of children)
Act, 2000.
(v)
Damages were awarded of Rs. 10 lacs. by
failure to undergo additional imprisonment for one year.

each and on

6.1. The Sessions Judge further observed that the physical scar may
heal up, but the mental scar will always remain. When a woman is
ravished, what is inflicted is not merely physical injury but a deep sense
of some deathless shame. He also stated that on the facts and given
circumstances in each case, the nature of the crime, the manner in
which it was planned and committed, the motive for commission of the
crime, the conduct of the accuseds, the nature of weapon used and all
other attending circumstances are relevant and material facts, which
would enter into the area of consideration and it will be a mockery of
justice to permit these accused to escape the extreme penalty of law
when faced with such evidence and such cruel acts. To give the lesser
punishment for the accuseds would be to render the justicing system of
this country suspect. The common man will lose faith in courts. The
nature and gravity of the crime, which are germane for consideration of
appropriate punishment in a criminal trial stand established beyond
doubt. The court will be failing in its duty if severe punishment is not

awarded for a crime which has been committed not only against the
individual victim but also against the society to which the criminal and
victim belong. The punishment to be awarded for a crime must not be
irrelevant but it should conform to and be consistent with the atrocity
and brutality with which the crime has been perpetrated, the enormity
of the crime warranting public abhorrence and it should respond to the
societys cry for justice against the criminal. If for an extremely heinous
crime perpetrated in a very brutal and planner manner, the most
deterrent punishment is not given, the case of deterrent punishment will
lose its relevance. Rape is not only a crime against the person of a
woman, but a crime against the entire society. It indelibly leaves a scar
on the most cherished possession of a woman i.e. her dignity, honour,
reputation and not the least her chastity. It destroys, as noted by the
Honble Supreme Court in Bodhisattwa Gautam v. Subhra Chakraborty
(1966) 1-SCC-490 : (AIR 1996 SC 922) the entire psychology of a woman
pushes her into deep emotional crisis. It is a crime against basic human
rights, and is also violative of the victims most cherished of the
fundamental rights, namely, the right to life contained in Article 21 of
the Constitution. The Courts are, therefore, expected to deal with cases
of sexual crime against women with utmost sensitivity. Such cases need
to be dealt with sternly and severely.
7.
Aggrieved by the said judgement, the respondents accused as well
as the complainant preferred appeal being Criminal Appeal No. 5 8/2015 before the Honble High Court of Judicature for Rajasthan at
Jaipur Bench. The Honble High Court by impugned judgment dated
20.8.2015 came to the conclusion that the Sessions Court was justified
in coming to the conclusion that the four accused have committed the
heinous act, offence of gang rape against the student of the hostel, which
would have life long effect on the body and mind of the complainant.
However, taking a lenient view of the matter, on appreciation of defence
evidence and non-availability of any independent eye witness, reduced
the sentence awarded by the Sessions Court to the following period :-

years;

(i)

Shri Bhawar Lal to undergo rigorous imprisonment for 10

(ii) Shri Mohan to undergo simple imprisonment for five years; and
(iii) Shri Sohan to the period already undergone by the accused.

(iv)

Damages were reduced to Rs. 50,000/-.

Shri Tribhuvan was held as minor and to be dealt with inaccordance with law.
The appeal of the accused were allowed in above
terms and appeal of the complainant to enhance sentence and damages
was dismissed, being bereft of any substance.
8.
Being aggrieved by the aforesaid orders, the complainant as well as
the accused, Bhawar Lal, Mohan and Sohan have filed appeals before the
Honble Supreme Court. The Honble Supreme Court has issued notices
confining to the issues raised in the appeals. The Supreme Court also
issued notice as to why the sentence awarded by the High Court to the
three accused respondents be not restored to that of the sentence
awarded by the Sessions Court and why the accused Bhawar Lal not to
undergo life imprisonment for whole of the convicts life (not for 20 years
or 14 years) ? Notice was also issued to Tribhuvan, who had become
major on the date of the impugned orders of the trial Court & High
Court.
9.
All the appeals have been consolidated and are fixed for final
hearing in October, 2015, with appropriate directions to submit written
memorials on or before 30.9.2015.
RELEVANT LAW
1.
2.
3.
4.
5.
6.
7.

Sections 45, 363, 375 and 376 of the Indian Penal Code, 1860.
The Juvenile Justice (Care and Protection of Children) Act,
2000.
Evidence Act.
Section 357 and 357A of the Criminal Procedure Code.
Constitution of India;
Narcotic Drugs Act; and
Other relevant Acts.