Amity Jaipur, Trial Advocacy, April 2024
Amity Jaipur, Trial Advocacy, April 2024
Amity Jaipur, Trial Advocacy, April 2024
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RULES AND REGULATIONS
1. LANGUAGE ................................................................................................................................................................................................. 4
2. ELIGIBILITY .............................................................................................................................................................................................. 4
5. REGISTRATION ........................................................................................................................................................................................ 4
7. MEMORIAL ................................................................................................................................................................................................ 5
8. COMPENDIUM .......................................................................................................................................................................................... 8
9. WITNESSES ................................................................................................................................................................................................ 8
14.1 PENALTIES...............................................................................................................................................................................................12
ANNEXURE NO. 1
ANNEXURE NO. 2
ANNEXURE NO. 3
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1. LANGUAGE
The official language for the Competition shall be English only.
2. ELIGIBILITY
The Competition is open for students of law who have duly enrolled themselves and are pursuing 3-year law
degree or a 5-year integrated law degree with a BCI recognized college/university.
4. TEAM COMPOSITION
4.1. The team shall comprise of four members wherein, two shall act as speakers, one as the researcher,
and one as the witness trainer.
4.2. The team members may comprise of students from the same college/university only.
4.3. Each team will have a team code. Teams should not disclose their identity or that of their institution
or city, etc., under any circumstances and such disclosure shall invite penalties including
disqualification from the Competition directly. The decision for the same shall be at the discretion of
the Organizers.
Note: Only the designated speaker and witness trainers in the Preliminary Rounds shall be eligible for
the Outstanding Speaker and Outstanding Witness Trainer award respectively.
4.4. No team coach, mentor, observer, parent, or any other person shall be accompanying the participating
team members.
4.5. There shall be NO amendments in team composition once the registration of the team has been
accepted except on the discretion of the organisers.
4.6. No individual shall register himself/herself more than once otherwise the participant shall be
disqualified from both the teams.
5. REGISTRATION
5.1. The fee for registration is Rs. 3800+18% GST, i.e., Rs. 4484 per team.
5.2. This amount does not include food and/or accommodation.
5.3. The process of registration would be as follows:
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Provisonal Communication Final
Registration of Accpetence
Payment Registration
5.4. For provisional registration, the teams are requested to fill the following form-
https://forms.gle/xQbwvYuBnyrf2wRS9.
5.5. For successful completion of provisional registration, the teams are required to upload their college
IDs.
5.6. The organisers, after successful verification, accept or reject your application for participation.
5.7. Once the approval mail is received, the teams may then proceed to complete their registrations
according to the information to be given to them through team email address.
6. DRESS CODE
Every participant is to dress as per the requirements of “Rules of Legal Education, 2008”, i.e.
- Black trousers, white shirt, black tie, black coat, black shoes, and black socks.
- Optional for female participants- White printed saree, with Black full sleeve blouse and covered
black shoe or Suit with black covered shoe.
7. MEMORIAL
7.1.Each team participating in the Competition must prepare a written submission on behalf of the
Prosecution and Defence.
7.2. A written submission shall be identified solely by the team code assigned to the team. The Written
Submission shall not, in any way, disclose the identity of the team or members. Non-compliance may
lead to disqualification.
7.3. The softcopy in PDF shall be submitted through this link-
https://forms.gle/wrnwpmBX9EDdf2Vo9 before 11:59 P.M 20th April, 2024
7.4. The file names of the electronic copies of the memorial must contain only the team code and the side
being represented.
E.g.: For team code AUR01 it shall be “AUR01- Prosecution” AND “AUR01- Defence”.
7.5. The Memorials Submission shall consist of the following mandatory header:
a) Cover Page
b) Table of Contents
c) List of Abbreviations
d) Index of Authorities
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e) Statement of Jurisdiction
f) Statement of Charges
g) Statement of Facts
h) Statement of Issues
i) Summary of Arguments
j) Arguments Advanced
k) The Prayer
7.6. The Cover page shall include:
a) Team code (the upper right corner)
b) Name of the competition
c) The name and jurisdiction of the court
d) The relevant provision under which the case is filed
e) Charges against the accused
f) Name of parties and status
g) The side for which written submission has been prepared.
e.g. Memorial filed on behalf of “…........................”
7.7. Format of the Memorials:
a) Typed on standard A4 size page
b) Font Type: Times New Roman
c) Font Size for body text: 12
d) Font size for footnotes: 10
e) Font size for the cover page- 14
f) The text of the Memorial should be 1.5 lines spaced
g) The text of Footnotes should be single-spaced
h) Margin: 1 inch or 2.54 cm margin on each side of the A4 size page
i) Page numbering: Bottom right of each page.
j) Citation Pattern: Bluebook 20th edition
7.8. The participating teams should include the Header and Footer in their memorials to the effect that the
Header should mention the full Name of the Competition, and the Footer should mention the page
number and the side on whose behalf the memorial is submitted.
7.9. The Cover Page of the Memorial for Prosecution must be BLUE, and for the Defence Memorial, it
must be RED.
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7.10. The soft copy of the memorial for each side shall be a single file (All parts of each memorial must be
in a single document i.e., Separate Ancillary Pages and Arguments in Detail are NOT allowed), and
should be sent in PDF only.
7.11. Each team shall be assigned a team code by the Organizers. The team shall use their team code for
identification purposes throughout the competition.
7.12. It is further clarified that the Organizers reserves the right to refuse acceptance of any memorial that
violates any of the norms of these rules.
7.13. Once the memorials have been submitted, no revisions, supplements, or additions will be allowed.
Failure of submission of memorial would result in disqualification of the team from the competition.
7.14. The Organizers of this Competition shall be permitted to use all the Memorials for any reporting or
compilation without further permission. The Submission would be deemed to be permission. The
copyright in the Memorials submitted by the participants shall vest in the Organizers.
7.15. The teams shall bring along 8 copies of the memorial, i.e., 4 from each side. The memorial must
be spiral bound and printed on 1 side only.
7.16. Similarity and Plagiarism
Participants must refrain from plagiarising. Even the use of publicly available information must be
accompanied by proper citations. These rules shall apply to all parts of the memorial. Similarity above
20% will warrant penalties [detailed deduction is given in 14.1 (h)], 80% or more may face
disqualification of memorial. The Organizers in consultation with the chairperson will take a final
decision regarding the determination of such cases.
7.17. MEMORIAL EVALUATION
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• Understanding pertinent legal issues;
• Discussion of viable alternative arguments
5 Overall Presentation
• Proper use of citations and citation form 20
• Language and Grammar
• Clarity & Style
8. COMPENDIUM
8.1. The teams may prepare a separate compendium, which will carry all the annexures case laws, etc.
that have referred to in the memorials.
8.2. The compendium will have a WHITE cover, which shall be designed as per the standards similar to
the format of the memorial.
8.3. Any identifying marks/seal of the college/university may result in disqualification from the
competition.
9. WITNESSES
9.1. The students from the host institution shall be provided to the participating teams.
9.2. A total of 2 witnesses will be provided to each team and they will remain with the team through all the
rounds as the case maybe.
9.3. Before every round, the teams will be given a total of 30 minutes to train their witnesses.
9.4. The witness initially designated shall remain affiliated with their respective team for the duration of
the competition, except in cases warranting special consideration.
9.5. CRITERIA FOR EVALUATION OF WITNESS TRAINER
For the award of Best witness trainer, witnesses of each team will be evaluated on the following
grounds:
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• Ability to successfully conduct chief/cross examination within the allotted time
• Ability to elicit favourable facts from witnesses or deal with unreceptive,
argumentative witnesses
13. CLARIFICATIONS
13.1 Any participating team with a query regarding the rules and regulations of this competition and/or the
trial problem are welcome to submit them through the clarification form
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https://forms.gle/guufP2VFyaAJDk717. No queries by the way of e-mail, messages, calls etc. would be
entertained. The clarification form would close on 12th April,2024 at 2359 hours.
13.2 The queries regarding the trial problem would be answered collectively through a Clarification sheet
released on 13th April, 2024 before 2359 hours.
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15.1 HOW TO REACH AMITY UNIVERSITY RAJASTHAN FROM JAIPUR:
a) BY TRAIN
- Arrival - Jaipur junction
- Sindhi camp bus stand - 2km from Jaipur junction
- Bus from Sindhi camp for Amity University OR by cab from Jaipur junction.
b) BY BUS
- Arrival at Narayan Singh Circle/Sindhi Camp
- Board a bus from Narayan Singh Circle/ Sindhi camp to Amity University Rajasthan
OR by cab from the respective bus stop.
c) BY FLIGHT
- Arrival at the Airport
- Take a cab from the airport to Narayan Singh Circle/Sindhi Camp, then board a bus to
Amity University Rajasthan OR by cab from the Airport .
15.2 ACCOMMODATION
The Participants will have to bear additional charges if they wish to be accommodated in the hostels
of Amity University Rajasthan. The charges are INR 450 +18% GST per day, per person. After the
final registration the participants can proceed with the payment of accommodation. The detailed
information regarding the same shall be communicated to the registered teams. The Participants may
also opt for stays nearby if they wish to.
a) The Tree House Resort - 0.2 KM approx.
b) The Gold Palace Resort, Kukas- 18.7 KM approx.
c) Fairmont, Kukas - 21.1 KM approx.
d) Rajshree Resort- 12.8 KM approx.
e) Achrol Niwas, A Treehouse Hotel - 9.8 KM approx.
The participants can use local transportation from these venues. Amity University Rajasthan
will not be providing transportation services.
16.IMPORTANT DATES
Last date for Provisional registration 5th April 2024
Last date for Final registration 9th April 2024
Last date for submission of queries/clarifications 12th April 2024
Release of clarification Sheet 13th April 2024
Last date for submission of memorial 20th April 2024
Date of competition 25th & 26th April 2024
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17.AWARDS AND ACCOLADES
Prizes worth Rs. 2.5 Lakhs will be awarded to:
- Winners
- Runner ups
- Outstanding Memorial
- Outstanding Speaker
- Outstanding Researcher
- Outstanding Witness Trainer
Additionally,
- 1-year Complimentary Subscription to EBC Learning worth Rs. 14,500 to each accolade
holder; and
- 1 month access to SCC Online Web Edition worth Rs. 1099 to each participant.
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CHIEF PATRONS
PATRONS
ORGANISING COMMITTEE
CHAIRPERSON
FACULTY CO-ORDINATORS
STUDENT COMMITTEE
CONVENORS
Jhanvi Aggarwal Shreya Nayak
+91-9817526909 +91-8306696062
CO-0RDINATORS
Gargi Ghanshyam
+91 8222096300 +918306344552
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TRIAL ADVOCACY PROPOSITION
1. Sarita Malik, a bright student of M.A. (English Honors) University of Rajputana, resided with her family
at Jhotwara, Jaipur. Shubhendu was a resident of Udaipur who took admission in University of Rajputana
for M.A. (English Honors). Sarita and Shubhendu were in the same class. Shubhendu was the President of
the Student’s Union at the University who had a charismatic personality which attracted Sarita and
eventually the acquaintance turned into an affair.
2. Previously focused on her studies, Sarita became obsessed with Shubhendu, talking to him incessantly and
defying her family's wishes to see him. Sarita’s brother knew about Shubhendu’s ways of life which
included violence on a daily basis and having ties with notable gangsters. Hence, the family wasn’t happy
with their affair. Sarita was warned by her brother and father multiple times but despite her family's
concerns and declining academic performance, Sarita remained fixated on Shubhendu, cutting ties with
her family to live with him. They got married in 2010 and started to live in a rented flat at Raja Park,
Jaipur. Shubhendu got a job at a local newspaper office as a translator.
3. Disowned by her family, Sarita used to miss her parents and her home a lot. Shubhendu on the other hand
did not like Sarita talking about her home all the time. This was the reason of occasional fights between
Sarita and Shubhendu. Among all this the couple was blessed with two children by 2022. Elder one being
Anup and the little one Aranya. Tragedy struck when their 10-year-old daughter named Aranya, met with
an accident on 2nd November 2022. Sarita tried calling Shubhendu while he was at the office, but he
couldn't answer because of a crucial meeting. Left with no choice, Sarita dealt with the situation on her
own. She rushed her daughter to the hospital, but sadly, despite the doctors' best efforts, her daughter
passed away.
4. The tragic loss of their child deeply affected Sarita and Shubhendu, straining their relationship as they
struggled to cope with grief. The inability to reach each other during the critical moment left them both
feeling isolated in their sorrow. The sudden demise of their daughter left them searching for closure and
struggling to find solace in each other's presence. The tragedy tested their bond, forcing them to confront
their individual ways of grieving and navigate the turbulent emotions that followed. Troubled by all this
Sarita tried to take her own life by taking the overdose of the sleeping pills but her husband reached the
spot-on time and took her to the hospital which saved her life. After this incident Shubhendu got worried
about Sarita and took her to a psychologist named Dr. Shalini Bansal. Sarita started with the therapy
hesistantly.
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5. When Sarita’s father came to know about all this, he went to see his daughter. Finding her in that depressed
condition he asked her to accompany him to his home to live for some days to which Shubhendu refused
as he was aware of the opinion of her family about him.
6. One day, as Shubhendu was off to work, Sarita hastily packed her bags and left for her father’s home
without informing Shubhendu. Upon his return from office, Shubhendu discovered Sarita's absence and
attempted to contact her anxiously. Their phone conversation quickly escalated into a heated exchange,
with accusations and blames flying over the phone lines. During the altercation, Shubhendu. expressed to
Sarita that “it might be better if she were no longer alive so that he could live in peace with their son.
7. After 15 days Sarita came back from her father’s home. She started to search for a job to have something
to do during the day as the life felt not worth living to her anymore. She got job of a school teacher at Raja
Park, Jaipur itself. As her working hours did not match Shubhendu’s schedule as his shift at the newspaper
was 5:00 P.M to 5:00 A.M and she used to be at work from 9:00 A.M to 5:00 PM. This gave rise to daily
quarrels between them.
8. Amongst all this Sarita was working at the school and trying to cope up with everything going on. She met
Suresh at school, where they both worked as colleagues. Their professional relationship gradually evolved
into a close bond. Upon learning about Sarita's growing connection with Suresh, Shubhendu expressed his
disapproval, sparking intense conflicts between Sarita and him. Leading to a severe physical assault at
times. Sarita used to talk about this to her parents and their support helped her in these tough times but
they also kept warning her to leave Shubhendu and come back to them.
9. Frustrated with all this Sarita decided to leave Shubhendu. She expressed her feelings to Shubhendu but
faced threats from him. He also warned Suresh to stay away from her or face dire consequences. Feeling
trapped and helpless, Sarita reached out to her brother Deepak for assistance in escaping Shubhendu's grip.
Deepak assured her that he will help her to deal with all this and leave Shubhendu.
10. On 10th November, 2023, Deepak called Shubhendu and confronted him about all this. He, urged him to
leave Sarita. During the tense exchange, Sarita's cries for help were audible in the background, revealing
her captivity. Shubhendu disconnected the call. Deepak attempted to reconnect with Shubhendu but
received no response. Following the incident, Deepak swiftly made his way to see Sarita. As he arrived at
Sarita's house, he noticed Shubhendu leaving angrily. Deepak halted Shubhendu to engage in conversation.
However, as they conversed, a tragic event unfolded: Sarita jumped off the building. As Deepak and
Shubhendu rushed towards her, they found her unconscious. They rushed her to the nearest hospital where
she was declared dead.
11. Amidst the chaos and tragedy, Sarita's family, devastated by her untimely death, sought justice for their
beloved daughter. Deepak, her brother, in a state of shock and anguish, approached the nearby police
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station to file a case against Shubhendu for Abetment of Suicide under Section 306 of the Indian Penal
Code.
PROSECUTION WITNESS
Statements Under Section 161, The Code of Criminal Procedure, 1973
PROSECUTION WITNESS 1- DEEPAK MALIK
I am the elder brother of the deceased, Sarita Malik, who tragically passed away on 10 th November 2023. I
was informed about the deteriorating situation between Sarita and her husband, Shubhendu, by Sarita herself.
She used to tell us about the abusive behavior and threats she was facing from Shubhendu. Despite my repeated
attempts to reason with Shubhendu and make him understand Sarita's fragile mental state, he continued to
engage in violent altercations with her. Shubhendu, known for his aggressive nature and involvement in
numerous criminal cases, created a hostile environment for Sarita, leading to her deteriorating mental health.
On 10th November 2023 I called Shubhendu I heard some voices in the background when the call was cut in
between. I rushed to her residence where I saw Shubhendu leaving the building angrily. When I was trying to
stop him to talk Sarita jumped off the building. I firmly believe that Shubhendu's actions and behavior towards
Sarita, both in the past and at the time of her death, constitute abetment to suicide. I am willing to cooperate
fully with the investigation and testify in court to seek justice for my beloved sister, Sarita Malik.
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in vain and that it will serve as a wake-up call to address the issue of domestic violence and abuse in our
society.
DEFENCE WITNESS
DEFENCE WITNESS 1 – SHUBHENDU
Sarita and I met during our M.A. (English Honors) studies at the University of Rajputana and eventually got
married in 2010. Our marriage faced challenges, especially after the tragic loss of our daughter, Aranya, in an
accident on November 2nd 2022, which deeply affected both of us. Despite our differences, I never physically
or emotionally abused Sarita. I supported her through therapy sessions and encouraged her to seek help for
her mental health struggles. Regarding the incident on 10th November 2023, I was not aware of Sarita feeling
trapped or captive. Our conversation was heated, but I never intended harm towards her. On the day of the
incident Sarita’s brother Deepak called me and started abusing me on the phone. I couldn’t hear more of him
so I disconnected the call. I asked Sarita to not talk to her family about our personal matter but she started
yelling at me. Finding no way out of the situation, I was leaving home but her brother met me while I was
leaving the building. As we were talking, we both saw that Sarita jumped off the building. I was shocked and
devastated by her death. I believe the events leading to Sarita's death were a result of her mental health
struggles and the tragic circumstances we faced as a family.
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ANNEXURE NO. 1
FIRST INFORMATION REPORT
F.I.R. read over to the informant, admitted to be correctly recorded and a copy given to the informant,
free of cost.
Date and time of dispatch to the Court: 12/ 11/2023; 9:30 AM
Signature/ thumb impression of the complainant/ informant: Sd/-
Signature of officer in charge: Sd/-
Name: Anil Shinde
Rank: Sub-Inspector
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ANNEXURE NO. 2
REPORT OF THE INVESTIGATING OFFICER
(Under Section 173 of the Code of Criminal Procedure, 1973)
1. Details:
2. District: Jaipur P.S:Puliya No.1, Jawahar Nagar, Jaipur
3. Year: 2024 FIR No.: 118/2023
4. Charge Sheet No./ Final Report No.: 264/2024
5. Date of Filing Report:10th March 2024
6. Sections: 306, Indian Penal Code, 1860 (I.P.C)
7. If Supplementary or original: Original
8. Type of final report: Cognizable offence
9. Name of the I.O: Naman Sharma Rank: ACP
10. Name of the Complainant/ Informant: Deepak Malik
11. Particulars of accused
i. Name: Shubhendu Whether verified: Yes
ii. Father’s Name: Mr. Dinesh Kumar
iii. Age: DOB: 10/07/1990
iv. Sex: Male
v. Blood Group: O +ve
vi. Nationality: Indian
vii. Address: 408, Galaxy Apartments, Raja Park Whether verified: Yes
12. Brief Facts of the Investigation:
On the 11th November 2023, the station received news that Mrs. Sarita died at the Galaxy Apartments,
Raja Park a day ago. After receiving a complaint from Deepak Malik, the brother of the deceased, an
FIR was lodged on the next day. I immediately went to the crime scene with a team of 3 constables
but there was nothing to be found. We met Mr. Shubhendu the accused
The entire place was sealed, and necessary pictures were taken. The evidences were sent for further
examination and witness statements were collected from all suitable witnesses.
13. List of Prosecution Witnesses:
1. Deepak Malik
2. Suresh
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ANNEXURE NO. 3
POST MORTEM REPORT
Name of the Institution: Fortis Institute of Medical Science
Post mortem report No: 325 Date: 11/11/2023
Name of Doctor conducting Autopsy: Dr. Radhika Madan
Date and time of receipt of the body: 10/11/2023 at 7:00 P.M
Date and time of commencement of Autopsy: 11/11/2023 at 11A.M
Time of completion of Autopsy: 4 hours
SCHEDULE OF OBSERVATIONS
(A) GENERAL
Height: 5 ft.4-inch Weight: 59 kgs
Signs of intoxication by drugs & / or alcohol; NO
Rigor Mortis: Present. Body relatively stiff
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(C) INTERNAL EXAMINATION
1. Sustained fractures of long and short bones in the upper extremities, splenic ruptures, multiple liver
ruptures.
2. fractures, intracranial haemorrhage, contusion and traumatic axonal injury.
3. Neck injuries, muscle bleeds and Bilateral kidney ruptures were found.
Opinion
1. Probable time since death (keep all factors including observations at inquest): The body exhibited
extensive traumatic injuries consistent with a fall from a significant height. Notable external injuries
included multiple fractures to the extremities, severe head trauma, and significant contusions and abrasions
across the body. high-impact collision with the ground, consistent with a fall from a considerable height.
Presence of bruises over all the body suggesting application of force and physical assault.
2. Cause of the death: The cause of death was determined to be due to injuries sustained from high-impact
collision with the ground, consistent with a fall from a considerable height of (approx. 40 ft.).
3. Any other Specimens collected and handed over
Viscera (stomach with contents, small intestine with contents, sample of liver- 500 gms. Kidney (one half
of each), spleen, sample of blood on gauze piece (air dried), any other viscera, preservative used.), Clothes,
Specimen collected for histopathological examination.
PM report in original form, dead body, clothing and other articles duly sealed handed over to police
official Naman Sharma No. of P.S Puliya no.1, Jawahar Nagar whose signatures are herewith;
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