moot court preposition solution memorial file, Study Guides, Projects, Research of Law

Download moot court preposition solution memorial file and more Study Guides, Projects, Research Law in PDF only on Docsity! CRIMINAL MOOT COURT FILE KHALSA COLLEGE OF LAW BEFORE HON’BLE SESSION COURT State................................... Prosecution Versus Amit..................................... Accused MEMORANDUM ON BEHALF OF ACCUSED Submitted to:- Submitted by:- Prof. Parul kangniwal Bikramjit Singh 6022 BA L.LB 10thsem TABLE OF CONTENTS 1. TITLE PAGE 2. TABLE OF CONTENTS 3. LIST OF ABBREVIATION 4. INDEX OF AUTHORITIES 5. STATEMENT OF JURISDICTION 6. PARTS OF THE CASE 7. STATEMENT OF CHARGES 8. LAW INVOLVED 9. SUMMARY OF ARGUMENTS 10. PRAYER CLAUSE WEBSITES 1. Www.indiankanoon.org 2. Www.manupatra.com 3. Www.legalservicesindia.com THE INDIAN PENAL CODE 1860 THE EVIDENCE ACT 1872 THE CRIMINAL PROCEDURE CODE 1973 STATEMENT OF JURISDICTION District court of Jalandhar. The petitioner submits to the same. Section 209 in The Code Of Criminal Procedure, 1973 Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- (a) 1 commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;] (b) Subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) Send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) Notify the Public Prosecutor of the commitment of the case to the Court of Session. STATEMENT OF FACT 1.Miss Priya a college student in a Course of Bachelor of dental surgeon has filed a complaint against Amit Shabbir. 2.In the complaint it was stated by miss Priya that she used to visit in restaurant cum bar in Along with her friends where accused Amit Shabbir was manager. 3.Miss Priya states that Mr Amit used to follow her an approach to her on several occasions. Miss Priya openly stated that to Mr Amit that she did not like him. 4.Miss Priya disclosed this fact to her friends that once Amit has Hold her dupatta in the restaurant and try to molest her. She was going through psychological and emotional trauma because of the behaviour of said Amit Shabbir. 5.Amit promised to marry miss Priya and on the false promise of marriage he forcefully developed physical relation with miss Priya and even she was not also forced to have alcohol during her meeting with Amit and also showing her some video on pornography against her will. 6.She further stated that Amit had taken photos of intimate relations with her and had send her for those photos on her WhatsApp asking for further sexual favours. 499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful Arguments in favour of Accused 1. Whether Amit can be accused of rape under IPC, 1860 besides other alleged offences and punished under section 376 of IPC, 1860?  Priya filed a false FIR against Amit where she states that Amit raped her but there’s a huge difference between consensual sex and rape. Amit and Priya were major and their consent was involved. As in the definition of rape u/s 375 of IPC it is clear that consent is essential part to consider any sexual intercourse to be rape. Case :- Dhruvaram murlidhar sonar vs State of Maharashtra 2018 Hon’ble Supreme Court of India has clarified that consensual physical relationship cannot be termed as rape. In the landmark Judgement, Hon’ble Supreme Court of India has demarcated grounds based on which every physical relation cannot be termed as rape and in order to understand decision passed by Hon’ble Supreme Court.  Complainant defame Amit and in this result he suspended from his job. Case:- Uday vs State of Karnataka 2003 Supreme court observed that the consent given by the victim to sexual intercourse with a person whom she is deeply in love on a promise to marry her in future, cannot be said to a misconception of fact under Section 90 of IPC and hence, the accused will not be convicted for rape within the meaning of Section 375. Thus, the court restricted the meaning of Section 90 and held that sexual intercourse on a promise to marry would not fall under the ambit of Section 375.  It is cleared that the consensual sex does not amount to an offence of rape and all the charges imposed on Amit are false. Accused has not committed any offence under section 354A, 354 B, 354 C, 354 D, 350, 351 of IPC and no evidence found against accused in investigation. Case:- Harish Kumar v. State 2010 (4) JCC 2371 The Hon’ble Court contends that a promise to marry which is later denied does not amount to offence of rape and it is a breach of promise and the complainant should seek a civil remedy Case:- In Akshay Manoj Jaisinghani v. The State of Maharashtra Only because two individuals are sexually involved with each other, it is not compulsory for them to marry. This cannot be labelled in any manner as a rape.” 2.whether compensation can be asked in such criminal matter?  Free speech does not imply that a person has the license to say anything that comes out of his mouth under Article 19(1)(a) provides that the citizens shall have the right to freedom of speech and expression and such speech should always be within permissible limits prescribed under article 19(2) in the form of reasonable restrictions. Case:- Anjana Saikia Das Vs Anuradha Das And Anr On 25 February, 2003 The gauhati High Court held that if a person falsely alleged by a woman then the accused is allowed to proceed with the defamation case or defamation proceeding. Quashing of F.I.R 1.Inherent Power of High Court under section 482 of the Cr.P.C Under Sec 482 of Code of Criminal Procedure vested the inherent power of the High Court, to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.[8]The High Court’s inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. [9]Hence, if the High Court is of the opinion that there is no prima facie ground made against the accused and the complaint lodged against the accused is vexatious, then the Hon’ble High court by using its inherent power vested under section 482 of the Code of Criminal Procedure, 1973, may quash the F.I.R.