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Criminal Law Review Judgment Writing Competition 2020

PROBLEM

Amy was born in the state of Winterfell in the country of Essos on 29th June 1968 to one
Mrs. Zoe and Mr. Lancer. She had an elder brother named Smith. Her grandparents
were residents of a town, which too was called Winterfell. While her father was an
Engineer working in the Office of Government of Essos in the 1970s, her mother was a
doting housewife dedicated to bringing up her children. However, a situation of armed
conflict prevailed between the country of Essos and its neighboring country Westeros.
Amy’s father was posted at a town called Moat Collin, situated on the Essos – Westeros
border. He died a martyr during the 1971 Essos-Westeros Civil War. However, Amy’s
mother, Zoe along with her son Smith were unable to return to their home country i.e.
Essos despite repeated requests and efforts.

Subsequently, in the year 1978, Amy’s grandfather who was residing in Winterfell fell
severely ill. On this ground alone, Zoe was urgently issued a Westeros passport on which
she travelled to Essos to meet her father. The names of her children (both Amy and
Smith) who at that time were minor were also endorsed on the said passport. In other
words, Amy never opted for or obtained a Westeros citizenship. Subsequently, in the year
1999, Amy was also issued an Essos Passport bearing No. E1111111. By then, Zoe had
however, left for her heavenly abode, leaving Amy and Smith to fend for themselves.

In the meanwhile, in the year 1995, Amy married her childhood sweetheart named Rex
who a Resident of Essos by birth, temporarily working in the country of Riverrun. Rex
took all decisions pertaining to the family single handedly. During the subsistence of the
marriage, Amy was treated with cruelty, both mental and physical on various occasions
by Rex, who harassed her to no extent. He even concealed that he had already been
married and divorced once before. Evidently, Amy’s marriage was an aftermath of
deception and fraud practiced upon her by him. However, for the sake of her children,
Amy never raised her voice.

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After their marriage, at the instance of Rex, the couple migrated to another country called
Monte Fisher, wherein Amy gave birth to two children, a boy named Georgie and a girl
named Missy. Both the children are citizens of Monte Fisher, as on date, which allows
dual citizenship.

In the year 2000, Amy was persuaded by Rex to acquire the citizenship of Monte Fisher
and Passport bearing No. E1234567 was issued to her. Rex made Amy enter the Essos
soils on her Essonian Passport though Essos prescribed for single citizenship. Being the
head of the family, Rex illegally retained her Passport of Monte Fisher and dumped Amy
and his minor daughter Missy, who was barely a year old then, in Essos. Rex fled with
Georgie to a city called Mure in Riverrun and Amy was separated from Georgie who was
just five years old then, leaving her and her minor daughter all alone to fend for
themselves.

Amy was embroiled in criminal litigations under the Citizenship and Passports Act of
Essos (akin the Indian Citizenship and Passports Act) on account of her having
concealed from the Ministry of Home Affairs at Essos that she held a Westeros
citizenship briefly. She was finally successful in obtaining a Certificate of Overseas
Citizen of Essos certification, which categorically meant that she was no more a citizen
of Essos.

In 2004, Rex returned to Essos on the pretext of business and abducted his daughter
Missy, raping and brutally murdering her in sheer anger. Worried for her daughter’s
whereabouts, Amy forthwith preferred a Writ Petition (Habeas Corpus) before the High
Court of Essos to get back the custody of her minor daughter, only to find out in open
Court about the cold blooded murder of Missy.

Upon registration of FIR, the Investigating Officer (“IO”) arrested Rex (“Accused”) for
committing the offences of kidnapping, raping and murdering Baby Missy (“deceased
Prosecutrix/Victim”) and concealing her body. The IO sought a Police Remand of five
days, post which the Accused was sent to Judicial Custody. A sketch map (site-plan) was
duly prepared and the body was thereafter sent for post-mortem, after collection of vagina

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swabs, photographs, blood, DNA, hair/nail/semen samples. Though the dead body was
completely mutilated and was beyond identification, the Medical Board opined the cause
of death could be hemorrhage and shock due to head injury. However, it could not be
stated with certainty that such injury would have invariably lead to death. Though the
MLC was proved, the Doctor clarified that if a patient was not given timely treatment,
death could have been caused due to loss of blood.

During the course of the investigation, various articles including the apparels of Missy
and Rex were seized from the spot and sent for forensic analysis and the FSL report and
the serological report revealed presence of human blood from the outfits of the deceased
as well as the Accused. Remarkably, the deceased as well as the Accused had a blood
group O+. In the backdrop of absence of recovery of any weapon, the trial began.

Subsequently, upon filing of Chargesheet, charges were framed under the concerned
Sections of the Essos Penal Code, 1860 (akin the Indian Penal Code, 1860) and
Protection of children against Sexual Offences Act, Essos 1870 (akin the Protection of
children against Sexual Offences Act, 2012) against Rex based on circumstantial
evidence. Rex was however, enlarged on regular bail post examination of all Prosecution
witnesses. The Prosecution attempted to rely upon the un-rebutted testimonies of its
witnesses namely Amy, the Doctor and the IO, corroborated by the circumstantial
evidence.

The Trial Court (Ld. Sessions Judge) acquitted Rex since it was of the opinion that the
Prosecution could not establish his guilt (“Impugned Order”) due to absence of any eye
witness and direct evidence. Amy (mother of deceased Victim – “Appellant”) who is not
a resident of Essos on the other hand, has preferred a Criminal Appeal before the Hon’ble
High Court of Essos against the Impugned Order passed by the Trial Court on grounds
that there was indeed sufficient evidence on record to point to the guilt of the Accused.

‘From the Drafter: go right ahead and deliver the Judgment extrapolating and assuming
all further relevant facts and admissibility/relevance thereof.

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