SELECTION MOOT PROBLEM 2020-21

(Moot case for S.Y. B.A.LL.B.) State

v. Ravi Fatarpekar
Rabiya who is married, aged 25 is a resident of Varconda village in the North District of State of
Goa. She regularly travelled by Vulture train running between Uguem (village in South District of
Goa) and Varconda. On 02/08/2014 she was found in an unconscious state in a forest near the
Varconda Railway Station around 9.00 pm and she was taken to Health Government Medical
College Hospital, Panjim, where she succumbed to injuries around 2.00 pm on 03/08/2014.
Ravi aged 35, is an employee of Verna car service and was very friendly with Rabiya and both
used to meet often at the Varconda railway station. On August 4, 2014 police took into custody
accused Ravi, of Calapur village in the North District of Goa on charges of Rape and Murder of
Rabiya (deceased). Ravi had a history of convictions for committing minor crimes. As per the
prosecution witness Maji, who owned a tea and snack stall at the Varconda railway station, both
Ravi and deceased Rabiyawere walking together towards the end of the Varconda railway platform
on 02/08/2014 and further both moved towards the direction of the forested area and disappeared
after that. He said that he remembered both as they were frequent visitors at his stall for a cup of
tea.
The injured Rabiya was found lying in the pool of blood and was seen by one Mr. Babi who was
passing by the forested area on 02/08/2014 late in the evening. Mr. Babi who is also a prosecution
witness expressed that he heard the sound of a lady moaning and that when he reached the scene
of the crime Rabiya was lying in an unconscious state. Mr. Babi sounded nervous when he tried to
contact the police. Upon police interrogation, Mr. Babi admitted that he was acquainted with
deceased Rabiya as she was Mr. Babi’s good friend’s wife. Mr. Babi who is a car mechanic is a
close friend of deceased Rabiya’s husband Suresh. He further stated that Suresh was fed up with
deceased Rabiya and there used to be repeated quarrels between them as Suresh was tensed and
irritated with closeness of Rabiya with Ravi.
The police referred the body of the deceased Rabiyafor post mortem report. An evidence that came
to the notice of the police at the crime scene was the railway ticket dated 02/08/2014 in the name
of Ravi that was procured from the purse of deceasedRabiya. This travel ticket was of Vulture train
running between Uguem and Varconda. The police also found a car jack that was at a distance of
50 mts from the crime scene that had traces of victim’s blood. Further, DNA samples were
collected from the site of the crime and victim Rabiya’s body were compared with Ravi (accused)
samples. A button of shirt of the accused was found on the ground beneath the body of the
deceased. Further, the deceased fingernails had traces of skin cells of the accused. Also, upon
medical examination of the accused, it was revealed that the body of the accused had fingermarks
of the deceased Rabiya. Traces of semen of accused were found in the victim’s body and clothes.
The police also took into custody mobile phone of deceased Rabiyawhich was in possession of
Suresh. The communication between deceased Rabiyaand Ravi that were through messages were
tracked from the mobile phone by the police. During interrogation, Suresh expressed doubt that
deceased Rabiyain hurry on 02/08/2014 must have left her mobile at the residence.
A few people saw the accused Ravi, in the Vulture train and few other people noticed him near the
Varconda bus stop in the vicinity of the Varconda railway station.
During police investigation, it was found that few days before the incident, the accused tried to
tease a girl named Pushpa, one of the friend of the deceased Rabiya in her presence, at Varconda
railway station. The deceased Rabiya objected to this act of accused. As a result of this, the accused
threatened and scolded both of them of the dire consequences, if they complained to the police.
The girls without fear of threat filed a complaint against the accused at Varconda Police Station
and the police registered an FIR against the accused and the police investigation was going on in
this matter.
Forensic surgeon Dr. Anita from the Health Government Medical College Hospital, who conducted
the post-mortem mentioned in the report that there were about twenty injuries in the body of the
deceased and the death was mainly due the result of injuries no. 1 & 2. She opined clearly that the
first injury, “Lacerated wound with a surrounding abraded contusion on left side of forehead,
abraded contusion on left side of forehead above eye brow, and contusion of left temporalis muscle,
involving its whole thickness. The left orbital margin showed a fissured fracture. The floor of left
side of anterior cranial fossa also showed a fracture. There is traumatic disruption of stem of
pituitary gland and left frontal lobe of brain showed multiple areas of hemorrhage”, which was due
to hitting of the victims’ head with a hard object. “The second injury is because of aspiration of
considerable amount of blood resulted in anoxic brain damage, arisen out of forcible sexual
intercourse in the supine position”.
This criminal case is fixed for final arguments before the Principal District and Sessions court,
Panaji and the accused Ravi is charged u/s 376 and 302 of IPC. Points for Determination
1. Whether the prosecution has proved that accused has committed rape on victim?
2. Whether the prosecution has proved beyond reasonable doubt that accused has committed
offence u/s 302 of IPC?

SELECTION MOOT PROBLEM 2020-21

(Moot case for T.Y. B.A.LL.B, Fourth Year B.A.LL.B, Fifth Year B.A.LL.B, S.Y.LL.B.
(Deg) and T.Y.LL.B.(Deg)

State v. Dinesh Goyal and Ors.

1. Mr. Suresh Goyal, aged about 25 years, son of Shri Dinesh and Smt. Shalini Goyal an
industrialist and socialite living in “Goyal House, ”a palatial mansion with every possible
amenities. They lead a posh life. Shri Suresh Goyal was studying for MBA in a well known
university.
2. Miss Sharda Gupta was aged about 24 years, daughter of Shri Vikram Gupta, a
businessman, having chain of departmental stores, leading aristocratic life, was also studying in
MBA in the same College as that of Shri Suresh Goyal. Both were in the same class. Miss Sharda
Gupta stood first, was a gold medalist. Shri Suresh Goyal also passed but in Second Division. Both
fell in love. Both families were well acquainted with each other.
3. Soon after passing out of College, Suresh’s parent were searching for a suitable girl to get
him married. Suresh suggested his father to talk to Shri Vikram Gupta for his daughter. Dinesh
who was closely known to Vikram readily accepted. Both agreed for the marriage. However
Dinesh demanded dowry of substantial value, commensurate with his social status and to spend
a minimum of Rs. 1 Crore on the wedding apart from the dowry. In order to fulfill the desire of
his sweet daughter, he accepted all the terms and conditions.
4. The marriage was performed with pomp and show on 17.07.2014 and the agreed dowry
was paid to the entire satisfaction of the Goyal family. The couple left for honeymoon to
Switzerland and Other European Countries for a fortnight.
5. Sharda did not receive proper treatment from her mother-in-law, Shalini, sister-in-law and
also the father-in-law. Shalini was continuously making dowry demands for Mercedes Benz
Classic Car and for a fixed deposit of Rs. 1 Crore. However a fixed deposit of Rs. 25 lacs was given
in the name of Sharda at the time of marriage. Such mis-treatment continued for a while. With
mental disturbance and non-congenial atmosphere Sharda could not conceive. Her relations with
her husband became strained. Her mother-in-law threatened to give birth to a baby boy, within
one year, else she would be thrown out and she would re-marry her son. A compromise was
arrived with the intervention of family friends and Shalini tendered written apology.
6. By grace of god Sharda gave birth to a baby girl, but the Goyal family was not happy and
was cursing her. No usual ceremonies and festivities were organized. She was cursed, rebuked
and sent to parental house. Sharda was maintaining a daily diary noting every incident minutely.
7. On 20.05.2018 Suresh reached his in-laws house and apologized for mis-treatment of his
family. He sought consent of Sharda and she returned to Goyal Palace. But relationship between
Sharda and her husband continued to be estranged due to demand of dowry and excessive
drinking of Suresh who started abusing and beating in the presence of servants.
8. Surendra Kumar, a servant informed the police at about 4.30 a.m. On that the police
entered the information in the daily diary and proceeded towards the spot. He informed that
Goyal family planned and accordingly Mr. Dinesh Goyal purchased on 24.5.2019.On enquiry Shri.
Sanjay Kumar, A shop keeper informed that organo phosphrus sold under the trade name of
“NUVAN” was sold to Mr. Dinesh Goyal on the pretext that he required the same to kill the flies.
On 25.5.2019, the fateful day, Sharda might have forcibly administered poison to the deceased
to kill her. Her son I think held the body of the deceased physically and forced her to drink. During
the course of administration of poison deceased struggled as such sustained injuries on her face,
lips and neck. He said that he heard the shrieks and cries of the deceased and extreme weeping
of her child. Sharda was crying for water. The articles in the room were scattered. The deceased
was lying on the sofa having bruises and contusions on her face. Water was splashed on the sofa
as well as on the floor of the room. The clothes of the deceased were also drenched.
9. They found the deceased lying on the Sofa in an unconscious position. Dr. O. P. Choudhary,
examined the deceased at about 6 a.m. and noted the patient was semi-conscious with history
of consumption of poisonous substance. He also noted (i) contusion reddish in colour over the
lateral side of her right eye brow with swelling present of the size of 7 cm. x 5 cm. and (ii) both
lips were swollen. It was also noted that complete examination of the body could not be done
because patient was in serious condition. B.P. was not recordable and Pupils bilateral circular, pin
point not reacting to light. Doctor Choudhary administered the initial treatment. He carried out
Gastric Lavage first with saline solution and then with ordinary tap water. Thereafter he referred
the deceased at S.M.S. Hospital, Jaipur which was informed to the police. She died at the Hospital.
10. Post mortem was conducted as to the cause of death it was opined that the deceased had
died due to asphyxia secondary to the organi phosphorus poison. Following ante-mortem injuries
were found on the person of the deceased :
(i) 10 cm x 6 cm bruise on the right periorbital area with swelling of right eye lid with two
contentric nail scratches abrasions, one on forehead and other on upper eye lid. Bluish in
colour;
(ii) 9 cm x 4 cm big contusion, bluish in colour, on intraorbital area and check on left side;
(iii) ½ cm x ½ cm contusion on the inner side of lower lip towards left side mid line with respect
to left lateral incisor (lower). Blue in colour;
(iv) 8 cm x 7 cm abraded contusion over chin and submental area in midline. Bluish in colour;
(v) 11 cm x 5 cm multiple small abrasions over neck and right of upper chest in front 3 cm lateral
to sterno calvicular joint.
(vi) 10 cm x 4 cm contusion in infra-axilary area in mid axillary line. Blue in colour.
(vii)7 cm x 5 cm large purple coloured pach over dorsum of right hand with multiple needle prick
marks (latrogenic)”.
11. On coming to know that his daughter has been taken to Hospital Virkam Gupta , father of
a deceased came to the hospital and he also lodged a report at the Police Station mentioning the
harassment caused by the three accused to the deceased for dowry. He stated that all the three
accused namely Shri Dinesh Goyal, Smt. Shalini Goyal and Shri Suresh Goyal had forcibly
administered poison with intention to kill his daughter for non-fulfillment of further demand of
dowey. Death had occurred due to mal-treatment by the accused and action be taken against
them. FIR No. 466 of 2015 was registered under sections 498A, 304B, 306/34 of the Indian Penal
Code, 1860.
12. After death search, police found the diary which was exhibited and relied for domestic
violence & dowry demand. Charges under Sections 498A and 304B read with Section 34 of IPC
were framed against the accused persons. Charges were also framed under the Dowry
Prohibition Act, 1961 for demand of Car and Fixed Deposit.
13. All the three accused adjured the guilt and pleaded innocence. The prosecution in the
course of trial examined above stated witnesses. Accused Shri Dinesh Goyal in his statement
under section 313 Cr. PC did not deny the factum of the deceased having died due to poison. It
was stated by him that the deceased had disclosed to him that she had consumed some drugs
and had asked him to give her salty water. Deceased was under convulsion due to some drug. He
had given her water to vomit. He firstly gave water to her and then took her to S.M.S. Hospital
and called Dr. O.P. Chowdhary. Deceased was a sensitive lady. His relationship with the deceased
was cordial.
Finding of the trial Court :-
The trial court acquitted the mother-in-law on the plea there is no direct evidence and she is a
woman. Shri Suresh Goyal was also acquitted being youth of 30 years. However, convicted the
father-in-law for commission of offence under section 302 IPC and awarded imprisonment for 7
years with no fine.
Appeal before the Rajasthan High Court:-
State as well as Vikram Gupta filed appeal before the Rajasthan High Court pleading life
imprisonment for Dinesh Goyal and imprisonment for 7 years for Smt. Shalini Goyal and for 3
years for Shri Suresh Goyal.

Argue the same.