MOOTING SKILLS WORKSHOP

MOOT COURT PROBLEM

Prof. Ved Kumari
Faculty of Law
University of Delhi

After 7 months of marriage, Sapna’s burning body was found in the kitchen of her husband’s two
bedrooms flat on 11-12 March, 2009. She died between 11 p.m. to 4.00 a.m. She had been living in the flat
with Ashok, her doctor husband and his sister, Neelima. At around 5.30 a.m. of 12.3.2009, the milkman
found smoke coming from inside the house. On stepping inside he saw a dead body burning in the kitchen.
Another neighbour, who came on hearing shouts that a woman was burning, stated that Ashok and Neelima
were weeping and hugging each other but made no efforts to extinguish the fire. There was no light in the
kitchen and all the articles were kept properly arranged. One stove was lying on the floor of the kitchen but
was not burning.
The panchnama revealed that the stove was empty and no match box or match stick was found in the
kitchen. There was a socket for electric bulb but the bulb was missing. The post mortem report revealed
three ante-mortem injuries -

i) Deromopidermal burn all over the body including palm and soles, left lower extremity and part
of the back were deeply burnt and muscles charred. Right foot was disarticulated at ankle joint
because of charring of bones. Scalp hair were also singed and scalp on left side of head was
completely burnt and charred.

ii) Contusion 5 cm x 2 cm on the right parietal area of the head.

iii) Extradural haemorrhage in area of 8 cm x 11 cm on left parietal region of brain.

The medical evidence showed that the body was found in pugilistic-attitude. (According to Modi's
Medical Jurisprudent and Toxicology when a body is exposed to great heat it gets cooked and becomes
so rigid that the limbs fixed, arms fixed and fingers hooked like claws that it assumes an attitude of
defence called the pugilistic attitude). The body had slumped down from a standing position on the
floor.

Sapna was 24 years old and a first class M. Sc. Home Science. The letters written by her to her parents
showed that she was having marital problems due to extra-marital sexual relations of her husband but she did
not think that she had reached a dead end. She had resolved to break from her husband and return to her parents
to improve her educational qualifications, find a job and start a new life.

Ashok and Neelima were convicted by the trial court for the murder of Sapna under Section 302

 read with Section 34 of the Indian Penal Code. Ashok was sentenced to death and Neelima to life
imprisonment. On appeal, the High Court on 02-03-2011 set aside the order of conviction and sentence of
both, holding that "suicide cannot be excluded". Companion appeals by Sapna's father and the state have been
filed against the said order of acquittal on 30.5.11 and 06.06.11 respectively. The case has been listed for
arguments by both sides on………

Stages in Preparation for the Moot Court

A) Reading and re-reading the facts till the facts are on one’s finger tips.

B) Identification of issues
• Preliminary Issues – e.g., Jurisdiction of Court, Limitation, Locus Standi, Mis-joinder or non-joinder of
Parties
• Substantive Issues on Merit
C) Identification of Relevant Legal Provisions relating to the issues and their ingredients
D) Legal and Other Research

E) Sifting of Relevant Facts – All those facts that one is likely to use to prove or disprove an issue / ingredient
of law involved in the matter.
F) Appreciation of evidence for drawing inferences for conviction or acquittal on the basis of
proven facts.