Name : Parul Priya Nayak

Roll no :074

Case name: STATE OF SARDAM V. DEVEN & JEYANT

Client Goals / Objectives: In light of the issues Deven is charged for the offence of
outraging of the modesty of women under 509,committing an offence of stalking a woman
under section 354D, attempt to murder under section 307 of Indian penal code 1860.

Jeyant was also charged under voluntarily causing grievous hurt to Devan under section 325
and offence of assault with the intent to dishonor a person under section 355 of Indian penal
code,1860. So, the sentence of rigorous imprisonment the court may deem fit.

Brief Facts :

i. On the 12th of June 2017 at around 9:30 am. Deven and Pooja were going to meet each
other at the Indra Nagar metro station. Kavita and Jeyant were accompanying Pooja.
Everyone panicked when Deven while talking to Pooja took out a knife. After seeing
the knife Jeyant alerted the public and threw stones at Deven.

ii. Deven and Pooja know each other since the days of college. Jeyant was also in
theirlocality but not in the same college. Jeyant and Deven didn’t like each other but
Pooja and Deven were close to each other.

iii. They all moved to Punnai after completing their graduation. Pooja got
campus placement and Deven got a job with a private builder. Pooja was staying with
Kavita in a flat near Indra Nagar metro and Deven was staying as a paying guest with
Kishore.

iv. Pooja started distancing herself from Deven after moving to Punnai and Deven was not
taking it well. Pooja tried telling him that she wants to start a new life and will be going
to Mumbai to train for becoming an air hostess with Kavita.

v. On 9th June they met at the Posh restaurant where Pooja slapped Deven after Devena
bused her and told her that she is losing her character.

vi. Deven then got drunk with Karan, whom he met on his way to home and after getting
intoxicated he again called Pooja late at the night asking her to meet for one last time
and he wants to apologize for what he had done.

vii. They met at Indra Nagar metro station where the incident took place.
Possible Case theories Good facts

• Deven and Pooja studied at Trinity engineering college vanjiyur in the state of sardam. They
traveled in the same bus to the college every day, which was about 25 kms away. Frequent
travelling together brought them close and they developed a friendship, they were fond of
each other.

• Jeyant is a distant relative of pooja who studied BA economics in Cresent Arts and Science
college which was adjacent to Trinity

• Jeyant kept followed and watching every movement of Pooja.

• Jeyant also moved to same city where Pooja and Devan are leaving and got a job near pooja
office.

Bad facts Neutral Facts

• Pooja scolded Deven for making calls during office hours and disturbing her and refused to
take his calls.

• Deven dissuade her, telling that girls from respected families don’t choose to became air
hostess.

• Pooja became angry and slapped him and told him to get lost.

• After some times he called pooja apologized to her on his behavior then pooja shouted in
angry and say it over and don’t want to meet her ( Devan is quite drunken)

• Deven got angry on finding that pooja was wearing a sort red-mini skirt with a halter top.

Relevancy

• Jeyant was interested in her but Pooja did not respond to his overtures and mostly kept away
from him, except for cursory greetings. At that times Jeyant warned Pooja about her
friendship with Deven and told her to call him if any need arises.

• Jeyant provided her with an alternate number that she could use, and to avoid calls
from Deven, she started using that number and retained the old number only to make
calls to her parents as she did not want them to know anything about the affair.

• Deven tried to call her from another number and public booths and he used to stand outside
of the office when it gets over and wait for her to come out.
• When pooja informed Deven that she had joined a par-time institute that trains girls for this
and will be moving to Mumbai for onsite training. Kavita too has joined this course and will
be moving with her. Deven was very upset. He tried to dissuade her, telling that girls from
respected families don’t chose to become air hostess and that she was already employed in a
respectable job.

• Deven was got angry on finding that Pooja was wearing a short red-mini skirt with a halter
top, but also on seeing Kavita and cursed her saying she was the cause of the Pooja’s
estrangement and she had poisoned her mind.

Irrelevancy

• Pooja’s friends made fun of her choice of boyfriend and advised her to move on in life.
Pooja influenced by the life style of her colleagues and friends slowly changed her
outlook. She dressed modern and fondly cherished the hope of becoming an air hostess for
some time and travel the world. Her friends too encouraged her. Kavita was a colleague and
close to Pooja and she endorsed her decision. She also criticized her choice of male
companions Jeyant and Deven, they were not anywhere near her beauty and talent.

• Deven room-mate Kishore was watching a popular Tamil music channel in TV when
he arrived. At that time there appeared Gominos Pizza ad. There were two girls and one of
them treating the other with a huge cheese pizza ordered from Gominos. When the first girl
asked, what the treat is for? The second girl giggles and says “I dumped him”. Then they
both break into hilarious laughter and take a huge bite of the pizza. Kishore told Deven My
dear friend that is the reality; better get used to it. After the ad there was a hit song among
rejected youth, in which the drunken hero, who is a hit in such roles, with a liquor bottle in
his hands sings (Adra Avalai, Udhaida Avalai) which means, Beat her, Kick her and so
on…venting his frustration on the girl who rejected him.

Legal Elements Facts to support Source Informal Formal Opponent’

Claim of Claim Claim of Proof Discover Discovery s Defences
y (Theory,
Proof,

Discovery)

Deven – a) a)Stone a) Deven is

has been intention not guilty
charged or under
under The knowledg Section
Barat e 307 of
Penal BPC for
Code, attempting
1860 - to murder
Section as the
307 for mens rea
attempt to or the
murder, intention
Section of offender
354D for to cause
stalking death is
and absent,
Section thereby
509 for proving
Word, that the
gesture or essential
act element to
intended the section
to insult is not
the fulfilled.
modesty
of a
woman.

Jeyant – b) Plaintiff b)CCTV Intervie Deposition b) Jeyant is

has been Damages footage w not guilty
Employer Deposition
charged of causing
1)Lost c)Forensi Intervie and
Employment
under The income grievous
c Report w interrogatori
Barat Records hurt
es
d)Call Request
Penal voluntarily
records letter
Code, and using
of Pooja
1860 - criminal
and
Section force with
Divya
325 for intent to
voluntaril dishonor a
y causing person
grievous without
hurt, any
Section provocatio
355 for n under
Assault or Section
criminal 325 and
force with 355
intent to respectivel
dishonor y. His act
person, of
otherwise throwing
than on stones was
grave for the
provocatio purpose of
n & private
Section defence
504 for and the act
Intentiona of raining
l insult fresh
with blows on
intent to Deven was
provoke due to
breach of grave
peace provocatio
n

2)Medical Medical Bills e)Medica Medical possession Jeyant is

Expenses l Report Bills not guilty
Treating doctors/ Interview
of Pooja Treating of an
Psychologist Possession
and offence of
doctors
Pharmacy bills Deven Interview insulting
Pharmac
Deven
y bills
intentionall
y with the
intention
to provoke
 breach of
peace. The
intention
of Jeyant
was to stop
Devan
from
attacking
Pooja. He
did not
intend to
disrupt
peace,
neither did
he want to
insult
anyone.
Therefore,
he is not
guilty
under this
Section as
the
essential
elements
of the
section are
not
fulfilled.

3)Disabilit Plaintiff f)Lyrics Intervie Deposition

y of Song w
Treating doctors/
that Intervie
Psychologist
Devan w
Employment was
Request
records listening
letter
to on the
 night of
9th June,
2017
(Friday)

4)Pain • Plaintiff Intervie Deposition

and w
• Treating
suffering
doctors/ Intervie
w
Psycholog
ist