UID19BAL1009

MOOT COURT ASSIGNMENT,2024

BEFORE
THE HON’BLE PUNJAB HARYANA HIGH COURT

IN THE MATTER OF:

The State
(Prosecution)
Versus

Ram along with. (Accused)

his three friend,s

UNDER THE THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT, 2005 READ WITH THE INDIAN PENAL CODE, 1860

UPON SUBMISSION TO THE

HON’BLE HIGH COURT JUDGE

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 MEMORIAL ON BEHALF OF PROSECUTOR

TABLE OF CONTENT

Sr No. Contents Page No.

1 List of Abbreviation ⅲ
2 List of Authorities ⅳ
3 Statement of Jurisdiction ⅴ
4 Statement of Facts ⅵ
5 Charges Framed ⅶ
6 Summary of Arguments ⅷ
7 Argument Advanced ⅸ−ⅻ
8 Prayer ⅻⅰ

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 LIST OF ABBREVIATION

Abbreviation Full form

IPC Indian penal code
Rs. Rupees
Govt. Government
Acc. Accused
Sec. Section
Jun. Junior

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 LIST OF AUTHORITIES

CASES REFERRED
1. Laxmi Agarwal v. Union of India
2. State of Uttar Pradesh v. Babul Nath and Others
3. State of Tamil Nadu v. Kamalakannan and Others
4. Acid Survivors Foundation India v. Union of India
5. State of Maharashtra v. Nikhil Dey
6. State of Bihar v. Kumar and Others
7. Rajesh Kumar v. State of Haryana
8. Shalu v. State of Punjab
9. Mohan v. State of Karnataka
10. Vineeta Sharma v. Rakesh Sharma

BOOKS REFERRED
• K D GAUR, TEXTBOOK ON INDIAN PENAL CODE, SIXTH EDITION, 2018.
• UNIVERSAL’S CRIMINAL MANUAL, 2017 EDITION.
• SHAILENDER MALIK, THE INDIAN PENAL CODE, TWENTY FIFTH EDITION, 2011
• RATANLAL AND DHIRAJLAL, THE INDIAN PENAL CODE, THIRTY FOURTH
EDITION, 2012

LEGAL DATABASES
• WWW.YOURARTICLELIBRARY.COM
• WWW.LEGALSERVICEINDIA.COM

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 STATEMENT OF JURISDICTION

May it please the Honorable Court,

The prosecution brings forth this memorial to seek justice for the heinous crimes
committed against Rajni and Swati, two innocent sisters whose lives were forever
altered by the malicious actions of the accused. The evidence presented herein will
demonstrate beyond a shadow of doubt the culpability of Ram and his accomplices
in perpetrating acts of violence and terror against the victims

This Honorable Court possesses jurisdiction over the matter presented.

According to the following legal provisions:

1. **Indian Penal Code (IPC), 1860:** The alleged offenses, including harassment,
assault, and culpable homicide, fall under the jurisdiction of this Court as they are
covered by provisions of the IPC.

2. **Criminal Procedure Code (CrPC), 1973:** This Court has jurisdiction to

oversee the criminal proceedings and trial in accordance with the provisions of the
CrPC.

3. **Acid Attacks and Prevention Laws:** Given the nature of the crime involving
an acid attack, this Court has jurisdiction to adjudicate the matter in accordance with
relevant laws and precedents governing such offenses.

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4. **Jurisdictional Territory:** The events described in the moot problem occurred
within the jurisdictional territory of this Court, specifically in the village of Johan
near Chandigarh, thereby establishing the Court's authority to hear the case.

Based on the above considerations, this Honorable Court possesses the requisite
jurisdiction to adjudicate the legal issues raised in the moot problem provided.

STATEMENT OF FACTS

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1. Rajni and Swati, two sisters, resided in the village of Johan near Chandigarh
along with their family.

2. Rajni, the elder sister, was a hardworking and ambitious individual who aspired
to become a computer engineer and assisted her father in his shop at Sector-17
Chandigarh.

3. Ram, along with his friends, allegedly subjected Rajni to persistent harassment,
making sexual advances, and issuing threats on multiple occasions.

4. On 6th June, 2022, while on her way to college, Rajni slapped Ram in response
to his misbehavior, escalating the conflict between them.

5. Later that night, four masked assailants climbed onto the roof of Rajni's house
where both sisters were sleeping, and launched a premeditated acid attack on
them.

6. During the attack, one assailant covered Rajni's mouth to prevent her from
screaming, while others held her legs, resulting in severe burns on her body and
face.

7. Swati, the younger sister, also sustained burns on her arm as a result of the acid
attack.

8. The assailants, motivated by a desire to inflict pain and terror, lingered at the
scene even after the attack, enjoying the suffering they caused before fleeing upon
the victims' parents' arrival.

9. Both sisters were rushed to the nearest hospital following the attack, where
they underwent multiple surgeries to treat their injuries.

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 10. Despite medical efforts, Rajni tragically succumbed to her injuries on 20th
December, 2022, while Swati eventually recovered from her injuries after
extensive treatment.

CHARGES FRAMED

Based on the facts presented, the charges framed against the accused :

1. **Section 302 (Murder) of the Indian Penal Code (IPC):** Ram and his
accomplices could be charged with murder for causing the death of Rajni by
intentionally pouring acid on her, leading to her demise on 20th December, 2022.

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2. **Section 326A (Voluntarily causing grievous hurt by use of acid) of the IPC:**
The accused could be charged under this section for intentionally causing grievous
hurt to both Rajni and Swati by throwing acid on them, resulting in severe burns and
injuries.

3. **Section 354A (Sexual harassment and punishment for sexual harassment) of the
IPC:** Ram and his friends could be charged with sexual harassment for their
persistent harassment of Rajni, making sexual advances, and issuing threats against
her, as described in the facts.

4. **Section 506 (Punishment for criminal intimidation) of the IPC:** The accused
could be charged with criminal intimidation for threatening Rajni with harm if she
did not comply with their demands, as alleged in the facts.

5. **Section 120B (Criminal conspiracy) of the IPC:** If it can be proven that the
accused conspired together to carry out the acid attack and harassment against Rajni
and Swati, they could also be charged with criminal conspiracy.

These charges would reflect the gravity of the crimes committed by the accused and
seek to hold them accountable for their actions under the relevant provisions of the
law.

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 SUMMARY OF ARGUMENTS

The prosecution's case is clear-cut: Ram, along with his friends,

engaged in a series of heinous acts against Rajni and Swati, leading to
Rajni's tragic death. The evidence points to a premeditated and vicious
attack on Rajni, fueled by the defendants' harassment and threats prior to
the acid attack.

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Firstly, the prosecution can establish a pattern of harassment and
intimidation inflicted upon Rajni by Ram and his friends. Witnesses can
attest to the repeated sexual advances, lewd comments, and threats made
by the accused towards Rajni, creating a hostile environment for her.

Secondly, the prosecution can argue that the acid attack was a planned
and deliberate act. The assailants climbed onto the roof of Rajni's house
with their faces covered, demonstrating intent to conceal their identities
and evade detection. The manner in which they restrained Rajni while
pouring acid on her further indicates a calculated assault aimed at
causing maximum harm.

Thirdly, the prosecution can present medical evidence to support the

severity of the injuries inflicted on Rajni and Swati. Despite receiving
extensive treatment, Rajni tragically succumbed to her injuries,
highlighting the grave consequences of the defendants' actions. Swati
also suffered significant harm, further underscoring the brutality of the
attack.

Lastly, the prosecution can emphasize the financial burden imposed on

the victims' family as a result of the defendants' actions. Despite
receiving government aid for medical expenses, the family incurred
substantial costs, both financially and emotionally, due to the prolonged
treatment and eventual loss of Rajni.

In conclusion, the prosecution can argue that Ram and his friends are
responsible for Rajni's death and Swati's injuries through their persistent
harassment and ultimately, the vicious acid attack. Their actions
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constitute egregious violations of the law and demand accountability for
the irreparable harm inflicted upon the victims and their family.

ARGUMENTS ADVANCED

One argument advanced by the prosecution is the establishment of a clear motive

for the defendants' actions. It can be argued that the defendants, particularly Ram,
harbored resentment or a sense of entitlement towards Rajni due to her rejection of
their advances and refusal to comply with their demands. This motive is evident in
the defendants' repeated harassment and threats towards Rajni, aimed at coercing
her into submission.

Furthermore, the prosecution can highlight the defendants' intent to cause grievous
harm to Rajni through the use of acid as a weapon. Acid attacks are notoriously
known for their devastating and disfiguring effects, indicating a deliberate intent to
cause maximum physical and psychological harm. The manner in which the

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assailants restrained Rajni while pouring acid on her further demonstrates their
premeditated intent to inflict severe injury.

Additionally, the prosecution can argue that the defendants' actions were not only
targeted at Rajni but also had a broader impact on public safety and order. The
brazenness with which the assailants carried out the attack, even in the victims'
own home, sends a chilling message to society about the impunity with which
perpetrators of violence operate. By holding the defendants accountable, the
prosecution aims to send a strong deterrent message to others who may
contemplate similar acts of violence.

Moreover, the prosecution can emphasize the gravity of the harm caused to the
victims and their family as a result of the defendants' actions. Rajni's untimely
death and Swati's enduring physical and emotional trauma highlight the
irreversible consequences of the defendants' behavior. The significant financial
burden placed on the victims' family further underscores the need for justice and
restitution.

In summary, the prosecution can argue that the defendants' actions were driven by
a clear motive, executed with premeditated intent, and had far-reaching
consequences for the victims and society at large. By presenting a compelling case
supported by evidence and legal arguments, the prosecution seeks to hold the
defendants accountable for their heinous crimes and secure justice for the victims
and their family.

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 PRAYER

the prosecution respectfully requests that the court carefully considers the evidence
presented and the arguments advanced in this case. We urge the court to recognize
the gravity of the defendants' actions, which resulted in the tragic death of Rajni
and inflicted severe harm upon Swati.
Therefore, we pray that the court finds the defendants guilty of the charges brought
against them under the relevant provisions of the Indian Penal Code. We further
request that the court imposes the maximum allowable penalties to serve as a
deterrent to others and to ensure that justice is served for the victims and their
family

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Additionally, we ask that the court orders appropriate compensation to be paid to
the victims' family for the financial, physical, and emotional losses they have
endured as a result of the defendants' actions
AND/OR
Pass any other order as it deems fit in the interest of Equity, Justice and Good
Conscience.

All of which is most humbly and respectfully submitted.

Place: Chandigarh S/d

Date: March 19, 2023 Public Prosecutor

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