MOOT COURT COMPETITION, 2022

DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

TEAM CODE

MOOT COURT COMPETITION, 2022

DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

Before
THE HONOURABLE SUPREME COURT OF AMPHISSA

UNDER SECTION 372 OF THE CRIMINAL PROCEDURE CODE OF AMPHISSA

IN THE MATTER OF

STATE…………………………………………………..PETITIONER

VERSUS

MICHALE…………………………….………………..RESPONDENT

MEMORANDUM FOR THE PETITIONER

DRAWN AND FILED BY COUNSEL ON BEHALF OF THE PETITIONERS
1|Page MEMORANDUM ON BEHALF OF T H E PETITIONERS
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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

TABLE OF CONTENTS

Index of Authorities .................................................................................................................4

Statement of Jurisdiction ........................................................................................................6

Statement of
Facts ....................................................................................................................7-8

Issues Raised ............................................................................................................................ 9

Arguments Advanced ............................................................................................................

11-19

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

I. WHETHER THE SUIT IS MAINTAINABLE BEFORE THE SUPREME COURT

OF AMPHISSA?.................. 11-12
II. WHETHER Suit Ground of legal Insanity Exist so as to exonerate the

accused from liability of murder ?.......13-15

III. WHETHER THE BURDEN OF PROOF OF LEGAL INSANITY ON THE PART
OF DEFENCE IS AT PAR WITH BURDEN OF PROOF ON PART OF
PROSECUTION ?.........................16-19

PRAYER ...............................................................................................................................20

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

INDEX OF AUTHORITIES

SR. CASES PAGE

NO NO.

1. Seralli Wali Mohammad V State of Maharastra 14

2. Ratan lal vs State of Madhya Pradesh 14

3. Elaverasan v state 15

4. Surendra Mishra v the state of Jharkhand 15

5. Hagroo Ikaru v state 15

6. Kalicharan v Emperor 15

7. Davis v. Brislow, (1920) 3 KB 928 21

8. Eastern Investment Ltd. vs. Commissioner of Income Tax AIR 1951 SC 16

285
9. Rizan v state of chhattisgarh 17

10. samutharam alias samudra rajan vs state of tamilnadu. 17

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

SR.
NO STATUTES, BOOKS AND COMMENTARIES

1. Constitution of Amphissa

2. Criminal Procedure Code

3. Amphissa Penal Code

4. Legal Insanity Exploration in Psychiatry and ethics

5. The matrix of Insanity in modern Criminal Law

6. The Insanity Defence

7. Insanity on Trial

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

STATEMENT OF JURISDICTION

It is humbly submitted before this Hon’ble Court that it has juridiction to maintain the
suit under section 372 of Cr.PC. The Supreme Court observed that the right provided
to the victim to prefer an appeal against the order of acquittal is an absolute right and
there is no necessity to obtain a special leave."The victim has not to pray for grant of
special leave to appeal, as the victim has a statutory right of appeal under Section 372
proviso and the proviso to Section 372 does not stipulate any condition...
The Petitioner, i.e. Jenny was brutally murderd by the respondent i.e her husband
Michale in their residence and Our Constitution of Amphissa is considered to be the
supreme law of the land and the mother of all existing laws. The Indian Constitution
includes some provisions for victims rights, their protection, and respects the idea of victim
compensation. Article 14 and Article 21 inculcates some vital fundamental rights that are to
be read with Directive Principles of State Polices mentioned in Articles 39A, 41, 46, and
51C.
The Amphissa Penal Code is applicable to all Indian citizens who commit crimes
within the Amphissa Territory. It is a list of offences and its punishment. The Code
describes offence as an act or omission punishable by law. One of the major
advantage to victims protection was received by the Criminal Law Amendment Act,
2013 since, for the first time, it had introduced a number of new crimes for protection
of women against acid attacks (Sec. 326A20 and 326B21), sexual harassment (Sec.
345A), voyeurism (Sec. 345C) and stalking (Sec. 345D) and it also widened the scope
of definition of rape (Sec. 375) in APC.
.
All of which is most respectfully submitted

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

STATEMENT OF FACTS
_________________________________________________________________________

STATEMENT OF FACTS
For the sake of brevity and convenience, the material facts are placed herein:
The Democratic Republic of Amphissa
The Democratic Republic of Amphissa is situated in Asian Subcontinent. Amphia a quasi-
federal country comprised of 38 states with strong central Government. Pallaka is
among one of the developed states of Amphissa. Michael and Jenny are citizen of
Amphissa. They are resident of Flemingo, a small town of Pallaka.
Introduction of Michael & Jenny and their married life
On dated 25 feb.2008, Michael, aged 28, S/O- Late John, R/O- 54/3-New Ext. Apartment,
Flemingo, and Jenny, Aged 23yrs, D/O- Defrado, R/O- Greater Ango Colony,
Flemingo, were married according to their religious rituals. Their marital life was going
smoothly. On some occasions they used to have few verbal quarrels with each other but
they reconciled soon after the verbal fight. Two years after the marriage Jenny gave
birth to a baby girl on 4th September 2010. The girl was named as Jennifer.
Michael’s behaviour started changing
After few months of the birth of Jennifer, Jenny observed certain changes in the behaviour
of Michael. Michael started behaving in a rude way and he usually becomes violent on
every petty issue without any reason, initially Jenny did not took the matter in a serious
way.
Jenny took Michael to the Doctor and diagnosed him for Bipolar Mood Disorder
When the violent character of Michael continued Jenny took her husband Michael to the
doctor Alfered (DW1), who was a psychiatrist. The doctor advised Michael to have
control over anger and to take certain medicines. The doctor diagnosed him to be
suffering from first stage of Bipolar Mood Disorder (Bipolar disorder, also known as
manic depressive illness, is a brain disorder that causes unusual shifts in mood, energy,
activity levels, and the ability to carry out day-to-day tasks. There are four basic types
of bipolar disorder; all of them involve clear changes in mood, energy, and activity
levels).

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

Daniel, witnessed of that heinous incident

In spite of the medical treatment the violent behaviour of Michael continued to exist. On
slight issues Michael becomes violent and he also started to fight with Jenny and he
also use to beat. him without any reason.
On dated 5th December 2010 at 11am, loud noise of fighting, crying and shouting was
coming from the house of Michael. On hearing the cry Daniel (PW3) who was
neighbour of Michael went in the house of Michael and found Jenny lying unconscious
on the for pooled on blood. with various injuries on her body Al that time Daniel saw
Michael mong a7 inch Iron Axe in the garden.
Jenny had taken to the hospital and Michael arrested by Police
Daniel called the Dolce and Jenny was taken to government hospital whereby she was
treated by Dr Andrew (PW2). Michael was arrested by police on the same day and was
kept in police custody On 6 December, 2010.
Jenny gave her dying declaration and the FIR was lodged
Jenny regained her consciousness and her statement was recorded by Jaison (PWI) SHO of
Flemingo Police Station. In her statement she told to the police that on 5 December at
10 am Michael came home and started fighting with her in a violent way and when she
resisted Michael attacked him with axe kept in the garden. On 8 December Jenny died
because of the injury in her lower domer which proved fatal. Jennifer the daughter of
Michael was sent to Government Chid Care Centre.
On the basis of the statement of Daniel and the dying declaration of Jenny FIR was lodged

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DEPARTMENT OF LAW, UNIVERSITY OF NORTH BENGAL

ISSUES RAISED

I. WHETHER THE SUIT IS MAINTAINABLE BEFORE THE SUPREME

COURT OF AMPHISSA .

II. WHETHER Suit Ground of legal Insanity Exist so as to exonerate the

accused from liability of murder ?

III. WHETHER THE BURDEN OF PROOF OF LEGAL INSANITY ON THE

PART OF DEFENCE IS AT PAR WITH BURDEN OF PROOF ON PART OF
PROSECUTION ?

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QUESTIONS OF LAW SUMMARY OF ARGUMENTS

I. WHETHER THE SUIT IS MAINTAINABLE BEFORE THE SUPREME

COURT OF AMPHISSA ?

With due Respect to the Hon'ble Supreme Court of Amphissa and to Your Lordship, the
counsel of the Petitioners want to submit that the Hon'ble Supreme Court has its
jurisdiction to maintain the appeal under sec 372 of the Cr.PC of Amphissa.

II. WHETHER SUIT GROUND OF LEGAL INSANITY EXISTS SO AS TO

EXONERATE THE ACCUSED FROM LIABILITY OF MURDER ?

The counsel for the Petitioner humbly submits before the Hon’ble court that the acquittal of
the Respondents is not good in law and also not acceptable the ground of insanity as a
defence.

III. WHETHER THE BURDEN OF PROOF OF LEGAL INSANITY ON THE

PART OF DEFENCE IS AT PAR WITH BURDEN OF PROOF ON PART OF
PROSECUTION ?

The counsel for the Petitioner humbly submits that the burden of the proof lies upon the
respondent because whenever the accused is charged against any criminal act, then the
burden of proving the condition that brought the charges of the case under any special
laws ,is upon the accused under section 105 of Amphissa Evidence Act.

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ARGUMENTS ADVANCED

I. WHETHER THE SUIT IS MAINTAINABLE BEFORE THE SUPREME

COURT OF AMPHISSA ?

1. It is humbly submitted before this Hon’ble Court that it has juridiction to maintain the
suit under section 372 of Cr.PC. The Supreme Court observed that the right provided
to the victim to prefer an appeal against the order of acquittal is an absolute right and
there is no necessity to obtain a special leave."The victim has not to pray for grant of
special leave to appeal, as the victim has a statutory right of appeal under Section 372
proviso and the proviso to Section 372 does not stipulate any condition...
2. The Petitioner, i.e. Jenny was brutally murderd by the respondent i.e her husband
Michale in their residence and Our Constitution of Amphissa is considered to be the
supreme law of the land and the mother of all existing laws. The Indian Constitution
includes some provisions for victims rights, their protection, and respects the idea of
victim compensation. Article 14 and Article 21 inculcates some vital fundamental
rights that are to be read with Directive Principles of State Polices mentioned in
Articles 39A, 41, 46, and 51C.
3.
The Amphissa Penal Code is applicable to all Indian citizens who commit crimes
within the Amphissa Territory. It is a list of offences and its punishment. The Code
describes offence as an act or omission punishable by law. One of the major
advantage to victims protection was received by the Criminal Law Amendment Act,
2013 since, for the first time, it had introduced a number of new crimes for protection
of women against acid attacks (Sec. 326A20 and 326B21), sexual harassment (Sec.
345A), voyeurism (Sec. 345C) and stalking (Sec. 345D) and it also widened the scope
of definition of rape (Sec. 375) in APC.
.
4. Amphissa’s criminal law in a broad sense includes both the substantive
criminal law and the procedural criminal law. Here, the Substantive criminal law
describes offences and punishments for each of those offences, whereas the procedural
criminal law manages the substantive law. In any circumstance where the procedural

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criminal law is absent, the substantive criminal law would be considered as almost
worthless.

5. The Code of Criminal Procedure (Amendment) Act, 2008, defined a victim under
Section 2(wa) as an individual who has suffered any loss or injury due to the actions or
omissions of the accused person. The definition of a victim encompasses a person’s
guardian as well as legal heirs. While deliberating on a certain issue, the judiciary
follows the literal rule of interpretation concerning the definition of a victim. Hence,
under Section 372 of the Code of Criminal Procedure, the right to appeal against
acquittal is conferred on the victim only.Therefore, the counsel for the Petitioners
humbly submits that the High Court has the power to issue writ under article 226 of the
Constitution of Westeros.

6. The Indian definition of the victim is narrower as compared to the United

Nations approach in the Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, which states that a victim is a person who individually or
collectively suffers a physical or emotional injury, economic loss or substantial
violation of fundamental laws due to the acts or omissions of the accused that are in
contravention with the criminal law framework of the Member States. The international
definition of a victim also includes a person who suffers injury due to another’s
criminal abuse of power. The UN declaration passed in 1985, recognizes the four types
of rights and entitlements of victims of crime as:

Access to justice and fair treatment

A right to compensation

Restitution

Personal Assistance and support services

the provisions that are presently effective under the Indian Criminal law seem to be
inefficient in providing these rights to the victims. The justice system seems to only
assure compensation to the victim at the discretion of the judge with limited access to
justice and fair treatment.

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II. WHETHER SUIT GROUND OF LEGAL INSANITY EXISTS SO AS TO

EXONERATE THE ACCUSED FROM LIABILITY OF MURDER ?

7. Seralli Wali Mohammad V State of Maharastra it was stated that Insanity as a

defence in Amphissa remains an unsolved problem in criminal jurisprudence. However,
it presents some fascinating problems that deserve careful analysis. Therefore, there are
few studies on the exploration of the clinical picture of patients in prison. In a 2011
forensic psychiatry study in which 5024 prisoners were evaluated in a semi-structured
interview program that showed the analysis that 4002 (79.6%) people could be
diagnosed with disease diagnosis. mental or substance use. The philosophical basis for
the exemption of crazy transgressors from criminal responsibility is perhaps the
functional limitation of retributive and dissuasive theories of punishment that highlights
the provision of section 84 of the Amphissa Criminal Code that is based on Mc
Naughten’s 1843 Rule In England.

Other research from India describes a very dull image of patients in forensic psychiatry
with the support of supporters of the need to rationalize the strategy of referral,
diagnosis, treatment and certification.

There is a well-established principle, “Actus Non Facit Reum Nisi Mens Sit Rea,” which,
in the literal sense means, an act does not make an offender liable without a guilty
mind. The Intention or guilty mind (Mens Rea) of the offender is an integral part
while committing a crime. The defence of insanity is a law that protects a person who
is incapable of understanding the nature of the act done by him.

8. In Ratan lal vs State of Madhya Pradesh it was stated The unsoundness of mind
should be of such an extent that it makes the offender completely incompetent in knowing
the nature of the act. The factor that the person is suffering from a mental illness is by itself
not sufficient to prove that he is insane. Under Indian law, the rationale of insanity as a
defence is incorporated in Section 84 of the Indian Penal Code, 1860,

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II.I WHETHER THE GROUND OF LEGAL INSANITY WAS GOOD IN LAW ?

9. The counsel for the Petitioners humbly submit that the ground for legal insanity was
not good in law as the accused person was not unsound mind from the beginning of his life
and therefore he was unhappy with the marriage and because of some reason he was
dealing with the Bipolar Mood Disorder but his medication was going well .
10. In Elaverasan v state it was held that while determining whether the accused is
entitled to the benefit of section 84 of APC the court has to consider the circumstances as
that preceded attended or followed the crime but it is equally true that such circumstances
must be proved by credible of evidence.

11. In the case of Surendra Mishra v the state of Jharkhand it was pointed out that every
person who is suffering from the mental disease is not ipso facto exemted from criminal
liability.
12. In the case of Hagroo Ikaru v state it is a very similar case with the said case .. here
also the husband killed his wife and neighbours found her lying on the floor after that the
called the police however after the post mortem report it was seen that the death caused
because of the various injuries that were caused by her husband in the night of the fight .
however the accused denied all the knowledge about the incident in defence it was pleaded
that the accused was suffering from insanity for the last two years and could not judge
whether he was doing right or wrong and that in a fit of insanity he killed his wife. And in
the similar case of
13. Kalicharan v Emperor it was held that there is a clear difference between
medical insanity and legal insanity . It is only legal insanitywhich furnishes a ground
for exemption fromcriminal responsibility.

There can be no legal insanity unless the cognitive faculties of the accused are, as a
result of unsoundness of mind, completely impaired. Inorder to constitute legal insanity
the unsound-ness of mind must be such as should make the

offender incapable of knowing the nature of the act or that he is doing what is wrong or
contrary to law." Where a plea of insanity is raised under s. 84,Penal Code, the Court

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has first to consider whether the accused has established that at the time of committing
the act he was of unsound mind. If he does not succeed in this preliminary issue, his
plea must fail. But if it is found that he was of unsound mind, then the accused has to
prove that his unsoundness of mind was of a degree and nature to satisfy one of the
knowledge tests laid down by the section, viz., that by reason thereof he was incapable
of knowing the nature of his act or that he was doing what was either wrong or contrary
to law. It is this test which distinguishes legal from medical insanity. the finding of the
court was that there was no legal insanity when the accused committed the crime. His
conviction under s. 302, Penal Code, is, therefore, proper. The court has imposed the
lesser penalty and in view of the cirCumstances has made a recommendation that the
same be reduced by the State Government under Section 401 of the Cr PC. We agree
with the trial Court and make a recommendation for reduction of the sentence. The
appeal fails and is dismissed.

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III. WHETHER THE BURDEN OF PROOF OF LEGAL INSANITY ON THE

PART OF DEFENCE IS AT PAR WITH BURDEN OF PROOF ON PART OF
PROSECUTION ?

14. The counsel for Petitioners submit before the Hon’ble Court that the The burden of
establishing the plea of self defence is on the accused and the burden stands discharged by
showing preponderance of probabilities in favor of that plea on the basis of material on
record Rizan v state of chhattisgarh
15. When the prosecution has established it's case it is incumbent upon the accused under
section 105 to establish the case of hie private defence by showing probability samutharam
alias samudra rajan vs state of tamilnadu.
16. State of mind before and after commission of offence relevant AIR 1969 SC15 1969
Cr LJ 259 AIR 1968 ORI 223 AIR 1969 Cr JLJ 1447 Evidence in this behalf and further
evidence as to mental condition and other relevant facts may suffice to discharge the
burden cast upon the accused AIR 1955 Sau 105 the court has to see the circumstances
preceding , attending and following the crime ,. Motive for offence and previous history of
mental condition also to be seen AIR 1964 SC 1563.
17. Generally, the burden of proof is upon the prosecution to prove that he has suffered an
injury or he has been affected beyond a reasonable doubt. This is because it is said that the
one who institutes the case can provide the best evidence before the court. But in the case
of heinous crimes such as rape, etc, this legal burden lies upon the accused to prove his
innocence. These are some of the exceptions to this concept. This means that any of the
parties will not be excused from proving his liability or burden of proof. Thus, there are
two types of burden of proof. In the first case where it is based on law and pleading, the
burden of proof remains the same and does not shift to the other party in any
circumstances. While in the other case it is based on adducing evidence, the burden of
proof may shift constantly during the trial. Earlier it was mainly the prosecution who had
to take the entire burden of proving the facts. Due to this an accused had the advantage if
the prosecution fails to do the same. Therefore, there had been several changes made in the
legislation so that any crime should not be left unpunished for his deed. The Indian courts,
in many circumstances, have reversed the burden upon the accused to prove his innocence.

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Hence, this article deals with the changing trends by the Supreme Court of Amphissa on
the concept of Burden of proof in criminal cases.
18. As the prosecution Witness 1 stated (PW-Jaison,SHO Flemingo Police Station And
Investigating Clucer of the case deposedtetore the court that the deceased serviser dying
declaration blamed accused Michale for the attack over her .PW1 blamed accused Michale
for the attack over her PW1 also deposedate the court that the axe used to attack was
recovered from the ground of Michale on which there was finger print at Michale as per the
PW1
19. As the prosecution Witness 2 (PW 2 ) Doctor Andrew who treated the
deceased deposed before the court that the cause of death was due attack of the attack
of axe and the injury on ab domain proved to be fatal. He also deposed that jenny was
in a mentally fit condition at the time of making dying declaration
20. As the prosecution Witness 3 (PW 3 ) Daniel who was neighbour of michale
and informant of the case in FIR deposed that he saw the unconscious body of jenny on
the floor and michale trying to hide the axe in the ground .

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Therefore, it is humbly submitted before this Hon’ble Court that when looked into the
case at hand, the murder caused by the Respondent has led the future of their child
nowhere and the acquittal of the respondent without any proper ground only on the
basis of the statement of that doctor was not good in law and for the reasons stated
above, amounting to violate several legal rights available to her, which is a just and
reasonable ground of Appealing before the Hon’ble Supreme Court.

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PRAYER

WHEREFORE IN THE LIGHT OF ISSUES RAISED, ARGUMENTS ADVANCED AND AUTHORITIES

CITED, IT IS MOST HUMBLY PRAYED BEFORE THIS HON’BLE SUPREME COURT TO DECLARE

AND ADJUDGE THAT:

1. That the acquittal of the Respondent was not good is law and thus the petitioners
should get the chance of proper hearing before the Hon’ble Supreme Court .

2. That all the facts should be seen again before the Hon’ble Supreme Court again .

3. That the petitioner should get the justice from the Hon’ble Supreme Court.

4. That the Respondent must be treated as accused and get the proper legal Punishment
for the heinous crime before Hon’ble Supreme Court for the end of justice.

And to pass any order or relief in the favour of the Appellant which this Hon’ble Supreme
Court may deem fit in the larger interest of the Justice, Equity and Good Conscience.

FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL REMAIN DUTY BOUND FOREVER .

Sd/- COUNSEL FOR THE PETITIONER

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