Moot Court Problem

State v. Anisha Sharma

As per the contents of the FIR dated 07/02/2022 registered under section 376D
506 328 34 of the Indian Penal Code,1860 by Bhawna Singh (prosecutrix) -

On the date of 2.12.2021, a whatsapp group was created of 5 people, namely

Anisha Sharma, Bhawna Singh, Chitransh Rawat, Devansh Rai and Faiz wherein
Anisha was the admin of the group.
These were a set of 5 college friends who were planning a party together.
Bhawna Singh was invited to the party by Anisha Sharma, Chitransh Rawat,
Devansh Rai and Faiz. On the day of the party i.e 6.12.2021 Bhawna Singh was
picked up by Anisha Sharma, Chetransh Rawat and Devansh Rai from Rajeev
Chowk Metro station, New Delh at 6 pm, she was further informed that Faiz was
reaching the venue directly. The venue of the party was an Air Bnb in Green Park,
New Delhi, which was booked by Anisha Sharma. Bhawna Singh was further
made to have drinks by Anisha Sharma, following which she started to feel dizzy.
This is when Anisha took Bhawna’s phone and kept it with herself on the pretext
that it would be safe with her since Bhawna wasn’t in her senses.

As Bhawna Singh felt that she was in a delirium, she was taken to the bathroom
by Anisha. Thereafter, Bhawna Singh threw up and went straight to the bed and
slept.

The next morning when Bhawna Singh woke up she felt pain in her private parts
and was badly injured. Bhawna Singh, not remembering anything from last night,
asked Anisha about what happened last night. Anisha Sharma lightly brushed off
her question and ensured that nothing happened. Later, Bhawna was dropped
back to Rajiv Chowk metro station by Anisha Sharma, Chitransh Rawat and
Devansh Rai and she came back home.

The next day, Bhawna Singh received a call from Anisha Sharma,
Chitransh Rawat and Devansh Rai that she must not disclose anything regarding
the incident which ocurred on the night of 06.12.2021 and further threatened
Bhawna of dire consequences. Bhawna Singh did not mention this incident to
anybody, including her parents for nearly 2 months. She also stopped going to the
college and had to seek the help of a psychiatrist. It is only on the date of
5.02.2022 that Bhawna Singh mustered the courage and spoke to her parents
about the incident which took place on 06.12.2021. It is then that Bhawna Singh,
along with her parents, went to the police station and registered the FIR against
Anisha Sharma, Chitransh Rawat, Devansh Rai and Faiz.

2. Anisha Sharma, along with Chitransh Rawat and Devansh Rai, was
arrested by the officials on basis of the FIR and is in judicial custody
since 10/02/2022.

Anisha Sharma’s first bail application was dismissed by the sessions court on
22/02/2022 on the grounds that since the investigation was still pending, the
applicant/accused could tamper with the evidence and could also influence the
witness.

Thereafter, a chargesheet was filed on 15/03/2022.

1. You are Anisha’s lawyer, prepare for her bail application.

2. You are appearing on behalf of the state, oppose Anisha Sharma’s bail
application.