Moot memorial on the behalf of Defendant , Study Guides, Projects, Research of Law

Download Moot memorial on the behalf of Defendant and more Study Guides, Projects, Research Law in PDF only on Docsity! **Page 1** **INDEX** *I. Index of Authorities** *II. Statement of Jurisdiction** *III. Statement of Facts** *IV. Statement of Issues** - A. Issue 1: Liability for the death of Renu - B. Issue 2: Harassment for dowry - C. Issue 3: Treatment of Renu by the accused *V. Summary of Arguments** *VI. Arguments Advanced** *VII. Prayer of Relief** **Abbreviations Used:** 1. M.B.A. - Master of Business Administration 2. F.D. - Fixed Deposit 3. D/O - Daughter of 4. S/O - Son of 5. Rs. - Rupees 6. SCC - Supreme Court Cases 7. IPC - Indian Penal Code 8. G.P.P.C. - General Principles of Criminal Procedure Code 9. C.P.C. - Code of Civil Procedure 10. H.C. - High Court **INDEX OF AUTHORITIES** **I. WEBSITES REFERRED** 1. www.lexisnexisacademic.com 2. www.vakilno1.com 3. www.indiankanoon.org 4. www.manupatra.com 5. www.wikipedia.org 6. www.legalserviceindia.com 7. www.legalsutra.org **II. BOOKS REFERRED** 1. Law of Dowry and Dowry Deaths by K.R. Chandratre, 5th Edition 2. Indian Penal Code by Ratanlal & Dhirajlal, 35th Edition 3. Criminal Law by S.N. Mishra, 8th Edition 4. Law Relating to Marriage and Dowry by Dr. Avtar Singh, 10th Edition 5. The Indian Evidence Act by Batuk Lal, 28th Edition **III. CASES CITED** 1. State of Haryana v. Raja Ram, (2000) 3 SCC 663 2. Kans Raj v. State of Punjab, (2000) 5 SCC 207 3. Kaliyaperumal v. State of Tamil Nadu, (2003) 9 SCC 113 4. R v. Brogden (1877) 2 App Cas. 666 5. Bhagwati Prasad Pawan Kumar v. Union of India, 2006 (V) SCC 311 6. Food Corporation of India v. M/s Arosan Enterprises Ltd, AIR 1996 Delhi 126 7. Baldev Alloys Pvt. Ltd. V. Chairman cum Managing Director - - The burden of proving the guilt of the accused lies squarely on the prosecution, and in the absence of concrete evidence linking the accused to the crime, the benefit of doubt must go to the accused. - - **Issue 2: Whether the deceased was subjected to harassment for dowry?** - - **Argument 2: Absence of Substantial Evidence to Prove Dowry Harassment:** - - The alleged demands for additional dowry are mere fabrications aimed at maligning the reputation of the accused. - - **Case Law**: In *Appasaheb & Anr. V. State of Maharashtra*, (2007) 9 SCC 721, the Supreme Court held that the demand for dowry must be proved beyond reasonable doubt. - - The agreed dowry was provided, and there was no further demand made by the accused. - - **Case Law**: In *Kans Raj v. State of Punjab*, (2000) 5 SCC 207, the Supreme Court emphasized that the demand for dowry must be proved beyond a reasonable doubt. - - Mere allegations without corroborating evidence are not sufficient to establish the offense under Section 304B of the Indian Penal Code. - - **Argument 3: Testimony of Neighboring Family as Crucial Evidence:** - - The testimony of the neighboring family, attesting to the good treatment of the deceased by the accused, is crucial evidence in favor of the accused. - - **Case Law**: In *Kans Raj v. State of Punjab*, (2000) 5 SCC 207, the Supreme Court emphasized the importance of corroborative evidence in cases of dowry harassment. - - It proves that the deceased was never mistreated and was always considered a part of the family. - - **Case Law**: In *Kaliyaperumal v. State of Tamil Nadu*, (2003) 9 SCC 113, the Supreme Court held that in cases of dowry deaths, the prosecution must prove that the accused subjected the deceased to cruelty or harassment soon before her death. - - The accused always considered Renu as a daughter of the family, and there was no motive for them to harm her. **PRAYER OF RELIEF** WHEREFORE, IN LIGHT OF THE ISSUES RAISED, ARGUMENTS ADVANCED, AND AUTHORITIES CITED, IT IS HUMBLY PRAYED THAT THIS HONORABLE COURT MAY BE PLEASED TO ADJUDGE AND DECLARE: 1. That the accused be acquitted of all charges pertaining to the death of Renu. 2. That the allegations of harassment for dowry be dismissed. 3. That the accused be absolved of all charges related to the administration of poison to the deceased. 4. That the accused be granted appropriate relief. AND/OR, Pass any other order that it deems fit to grant justice to the accused. And for this, the accused, through undersigned counsel, humbly pray. [COUNSEL ON BEHALF OF THE ACCUSED] ---