Team Code - NVTAC_121

1ST GD GOENKA VIRTUAL NATIONAL TRIAL ADVOCACY COMPETITION,

2023

BEFORE THE COURT OF SESSIONS

AT KARKARDOOMA, EAST DELHI

Cri. NO….. OF 2023

Mr.Suraj & anr.

(DEFENCE)

V.

STATE OF DELHI

(PROSECUTION)

FOR OFFENCES CHARGED UNDER:

SECTION 304B & 498A READ WITH SECTION 306 OF THE INDIAN PENAL CODE,
1860 AND SECTION 3/4 OF DOWRY PROHIBITION ACT, 1961

UPON SUBMISSION TO THE HON’BLE SESSIONS JUDGE

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TABLE OF CONTENTS

Table of Contents ii

List of Abbreviations iii

Index of Authorities iv

Table of Cases iv

Books vi

Lexicons vii

Websites vii

Statutes vii

Statement of Jurisdiction viii

Statement of Facts ix

Statement of Charges x

Summary of Arguments xi

Arguments Advanced 1

Issue-I Whether Babita was subjected to harassment and demand of dowry? 1

Issue-II Whether Suraj is punishable for the dowry death of Babita? 7

Issue-III Whether Suraj’s parents are punishable for the Dowry death of Babita? 7

Issue-VI Whether other relatives, i.e. sisters, brother–in–laws are punishable for the dowry
death of Babita?
Prayer 16

LIST OF ABBREVIATIONS

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AIR All India Reporter

All Allahabad High Court
Cal Calcutta High Court
Cri LJ / Cr LJ Criminal Law Journal
Cr.P.C. Code of Criminal Procedure
Del Delhi High Court
DW Defense Witness
Ed. Edition
Guj Gujarat High Court
IPC Indian Penal Code
IC Indian Cases
Mad Madras High Court
n. Foot Note no.
Ori Orissa High Court
p. Page No.
P&H Punjab and Haryana High Court
Pat Patna High Court
PW Prosecution Witness
Raj Rajasthan High Court
SC Supreme Court
SCC Supreme Court Cases
SCJ Supreme Court Journal
SCR Supreme Court Reporter
Sec. Section
vs. Versus

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INDEX OF AUTHORITIES

TABLE OF CASES:

1. KAMLESH PANJIYAR VS. STATE OF BIHAR 2005

2. Ambalal v State of Rajasthan, 2003 Cr LJ 115

3. Asha v State of Rajasthan, AIR 1997 SC 2828

4. Badshah Singh v State, AIR 1958 All 677

5. Bakshish Singh v State of Punjab, AIR 1971 SC 2016

6. Bhanwar Singh v State of MP, (2008) 16 SCC 657

7. Bhupendrasingh A Chudasma v. State of Gujarat AIR 1997 SC 3790

8. Commissioner of Income Tax v Patranu Dass Raja Ram Beri, AIR 1982 PH 1

9. Deonandan Mishra v State of Bihar (1955) 2 SCR 750

10. Gopal Naidu v. Emperor AIR 1923 Mad 523

11. Hari Singh v State of Rajasthan, AIR 1997 SC 1505

12. Harish Chandra Thange v State of Maharashtra, AIR 2007 SC 2957

13. Jagdish v. State of Madhya Pradesh, 1981 CriLJ 630

14. Joginder Singh v State of HP, (1995) 1 Cr LJ 124

15. Jugal Gope v State of Bihar, AIR 1981 SC 612

16. Kalua v. State of UP, AIR 1958 SC 180

WEBSITES:

1. http://www.findlaw.com

2. http://www.judis.nic.in

3. http://www.manupatra.co.in/AdvancedLegalSearch.aspx

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4. http://www.scconline.com

STATUTES:

1. The Code of Criminal Procedure, 1973 (Act 2 of 1973)

2. The Indian Evidence Act, 1872 (Act 18 of 1872)

3. The Indian Penal Code, 1860 (Act 45 of 1860)

4. Dowry Prohibition Act, 1961(Act 51 of 1961)

BOOKS:
I.P.C BY S.N MISHRA

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STATEMENT OF JURISDICTION

The Hon’ble Court has jurisdiction to try the instant matter under Section 177 read with
Section 209 of the Code of Criminal Procedure, 1973.

Section 177: Ordinary place of inquiry and trial-

Every offence shall ordinarily be inquired into and tried by a Court within whose local
jurisdiction it was committed.’

Read with Section 209.

Section 209: Commitment of case to Court of Session when offence is triable exclusively by
it- When in a case instituted on a police report or otherwise, the accused appears or is brought
before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by
the Court of Session, he shall-
(a) commit the case to the Court of Session;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody
during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which
are to be produced in evidence;
(d) Notify the Public Prosecutor of the commitment of the case to the Court of Session.

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STATEMENT OF FACTS

1.Partis Petitioner-
involved 1. State of Delhi on the behalf of Babita (Suraj’s Wife).
in this case Respondents-
1. Mr. Suraj (Husband of deceased )
2. Mr. Baburam (Father-in-law of deceased)
3. Smt. Sunita (Mother-in-law of deceased)
All Resident of mandoli, Delhi.
4. Smt.Kanak (Sister-in-law deceased)
5. Mr. Kamal (Brother-in-law of deceased)
Resident of Karl Bagh (Delhi
2. That Union of Indiana is a democratic, independent country and due to socio-
economic dimensions of the country, the constitution drafters have always
favoured affirmative action in support of females due to which in today’s era
female started taking benefit of laws and file vague cases.
3. That, Babita is a 21- years old girl who completed her L.L.B. degree from
B.O.S.S.U in 2013,which indicate that she was known to her rights and a well
educated girl who is heard…. able to stand against any evil parties.
4. Babita’s parents were looking for a suitable match for quite some time and
were enthusiastic when Babita's marriage was fixed on 25.03.2013.It is
crystal clear That it was Babita’s parents who approached the boy named
(suraj)and it was not on the part of suraj who approached Babita.
5. That the marriage took place on 25.04.2013 in Loni Ghaziabad.

6. The groom’s name is Suraj, he is a young charming person and has a plan to start
his own gym. That means he is a passionate person and wanted to fulfill
The groom’s name is Suraj, he is a young charming person and has a plan to
start his own gym his dreams. Although, he belongs to a rich family, still he had
his own dreams and plans.

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7. Suraj’s father is a business tycoon with high political influences in the city

8. That, Babita and Suraj’s marriage was a very grand affair in the city of Delhi.
Guests and relatives from all around the nation came to bless the happy
couple.
9. That, After getting married, Babita happily went to her in-laws' house in
Mandoli, Delhi.
10. That, at the time of marriage, Babita's father gave expensive cars, clothes,
utensils, jewelry, furniture, and other household things as dowry. He also
gave 5 crores cash to his son-in-law, Suraj. But there was no demand of such
things from the grooms side .because if the circumstances were do Then,
Babita at the time of marriage must take a stand against such practices as she
is a lawyer. So it can be said that she is a well educated women and have the
capacity to stand against any unlawful demand like dowry, so it can be
presumed that those things were given by Babita’s parents on their own will.
11. Suraj is a jeweller and has a jewellery shop in Karol Bagh, New Delhi. That
means, he had a good occupation and ther is no need to demand and commit
such evil practice.
12. That, A few days later, when Babita came to her father's house for a ceremony,
she was silent and had marks of assault on her body

13. That, When Babita’s mother asked her about the above-mentioned injuries,
she told her that her in-laws were demanding cash and when she refused, they
beat her a lot.
14. After this incident Babita took two lakhs cash and went back to her husband's
house. But it is not clear that she gave these 2 lakhs to her husband or use
they for own purpose.
15. These incidents happened to be reported by Babita to her parents frequently
and continued to happen.
16. That, Babita’s parents tried to talk through this to Suraj’s parents but it was of no

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use & due to the political influence of Suraj’s father they couldn’t approach the
police or take any other recourse to resolve this.
17.

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