TEAM CODE

ARMY LAW COLLEGE MOHALI MOOT COURT COMPETITION, 2016

…………………………………………………………..

IN THE HONOURABLE SUPREME COURT OF INDIA

AT NEW DELHI

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CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE APPEAL NO. ****/2017,

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CASE CONCERNING OFFENCES UNDER SECTION 302, 306, 107, 120(B)

OF IPC AND PROVISIONS OF THE IT ACT

……………………………………………………..

SPECIAL LEAVE APPEAL FILED UNDER ARTICLE 136 OF THE

CONSTITUTION OF INDIA

……………………………………………………..

IN THE MATTERS OF

STATE...............................................................APPELLANT

V.

FINTEC SLUTIONS PVT LTD AND ORS..........RESPONDENT

………………………………………………………..

UPON SUBMISSION TO THE HONOURABLE CHIEF JUSTICE & HIS

COMPANION JUSTICES OF THE SUPREME COURT OF INDIA

………………………………………………………………

MEMORIAL ON BEHALF OF RESPONDENT

MEMORIAL ON BEHALF OF RESPONDENT

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 TABLE OF CONTENTS

INDEX OF AUTHORITIES

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 STATEMENT OF JURISDICTION

The Appellant has approached the Honourable SC of India through SLP under article 136 of
the Constitution of India. The matter has been listed for hearing. Article 136 of Constitution
of India read here as under:

Special leave to appeal by the SC

(1) Notwithstanding anything in this Chapter, the SC may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in
any cause or matter passed or made by any court or tribunal in the territory of India

(2) Nothing in clause (1) shall apply to any judgment, determination, & sentence or
order passed or made by any court or tribunal constituted by or under any law relating
to the Armed Forces.

The memorandum for Appellant in the matters of State v. Fintec Slutions Pvt Ltd and Others
set forth the Facts, Contentions and Arguments present in the case.

STATEMENT OF FACTS

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Midhun Dorjee was fascinated towards computer since childhood. He had a tough time at the
time of his childhood. His interest in computers further developed as he would spend a lot of
time reading about software development. During his working hours at the café he would
practice whatever he had learned in classes. After a lot of persuasion, his mother bought a
second hand computer for him. His father got infuriated at his mother and physically abused
her and Midhun too. His father wanted him to work full time instead of studying. In order to
relieve him of the stress at home, he started playing online games in which, after completing
the challenges, he would feel that he had achieved something and felt motivated. He had a
secret desire to develop his own game one day. He wanted to pursue higher degree and
wanted to improve financial condition of himself and his mother.

After completing his BCA in 2003, he enrolled himself in a Master’s program in

Electronics and Computers. While he was studying at the university, during one of the
campus placement drives, he was hired by a famous company called ‘Enotech Solutions’ for
a handsome salary as a software developer.

In Enotec Solutions, Raman Rai was his colleague who had joined six months earlier
and was equally hard working but would always try to undermine his work. Eventually, he
realized that he was not happy working under somebody and rather wanted to do something
on his own in the field of software programming. He also got to know that the software that
he had developed were sold at much higher price by Enotec solutions as compared to what he
was being paid. He told this to Raman Rai as well. Both of them felt cheated. They
approached the management and asked for salary hike or a larger share in the profits which
was rejected. These new developments affected him mentally as he would feel irritated, his
head would hurt constantly and as a reaction he would vent his anger on his driver and other
staff as well unknown people, though Raman Rai felt that this was not mature behaviour.

After company’s refusal they worked on a new start up by the name of ‘Fintec
Solutions Pvt. Ltd.’ with the agreement that any decision or work done by either of the
directors would be accepted by the other. Within a few years their enterprise was doing very
well and the profits were very good. During one of his business meetings, he came across a
girl by the name of Ridhi Mehta. She was successful and bright and worked as a manager in a
telecom company. Though nothing was formalized Midhun started trusting her and on a
more personal level the thought of making her his life partner crossed his mind many times.

He received an email from her giving the outlines of a business plan whereby she also
asked him to transfer large funds before the new financial year began. Without giving the

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proposal a second thought, Midhun transferred the funds to the tune of 10.2 million rupees.
This lady made him fool and took the money. These events affected him intensely and led to
an unstable mind. He started hallucinating about unreal events and people around him who
were as though, directing him to hit back at this world and cleanse the world that had
wronged him. He started seeing a psychiatrist who recommended strong remedial drugs and
other psychological treatment.

As a reaction to this low phase in his life, he suffered from periods of hopelessness
and despair to hyper activity. During such a time, in order to redeem himself and to
compensate for losses that he had caused to his partner Raman Rai and the company, he
developed an online game called ‘Challenges Unlimited’ in January 2013 in order to help
people going through depression, loneliness and pain. In this game, people were given
challenges spread over levels which worked both ways. Firstly, they would earn money and
this would boost their morale and confidence about themselves. Secondly, this would earn
revenue for his company ‘Fintec Solutions Pvt. Ltd.’. The details of the game were that a
person would in order to register pay a fee of Rs 25,000 along with all his bank and personal
details after which he would be given ten tasks to complete. Each subsequent task was more
difficult than the previous and hence earned the player more and more cash. There were 10
levels in that game.

People (specially the younger generation) really liked the game and there were huge
number of subscriptions which earned the company good profits. When Raman Rai saw large
amount of money being credited into the company’s account he asked Midhun, who informed
him about this online game that he had developed. Raman Rai did not approve of this at all.
In 2015, a criminal case was lodged by the police on the complaint of one Mr. Tyagi (who
was a Superintendent in a Government office) that his sixteen year old son Master Jai Tyagi
was found dead in his room. The investigation showed that Jai had slashed his wrist in his
house. From the computer that was recovered from the deceased, account details of transfer
of funds worth Rs. 25000 was found. The forensic team could not determine the end location
of the transaction but concluded in its report that it could be rooted through the Cayman
Islands to the North East of India. On further investigation, shadow accounts came up in the
name of ‘Fintec Solutions Pvt ltd.’ Mrs. Tyagi did not disclose to the police about money
being credited periodically into her joint account with Jai. The police filed an inquest report
and then criminal proceedings were initiated. Compensation was also sought for Jai’s death.

District court - The Court has framed charges against Midhun Dorjee, Raman Rai and the
company ‘Fintec Solutions Pvt. Ltd.’ under Sections 302, 306, 107, 120(B) and provisions of
the IT Act. The learned Sessions Court convicted both Midhun Dorjee as well as Raman Rai
and sentenced them to 10 years RI and a fine of Rs.100000 each in addition to a fine of Rs.
500000 on the company.

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High Court- acquitted both accused giving them the benefit of doubt, nevertheless the
quantum of fine on the company was reduced to Rs. 300000.

The State went up in SLP in the first week of October. The matter is set for final arguments
on 21st January 2018.

In the meantime the Supreme Court taking suo moto action with respect to the Game and
the number of deaths that were reported in India issued a notice that any new matter with
relation to the game was not to be taken up. The Court also sent a notice to the Centre and
asked for a reply within a month. Also certain states banned the game.

QUESTIONS PRESENTED

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 Whether Fintec Solutions Pvt. Limited is criminally liable?

MEMORIAL ON BEHALF OF RESPONDENT