XXVII ALL INDIA MOOT COURT COMPETITION 2023

TABLE OF CONTENTS
Table of Contents………………….………..………………...…...…...………………….……..2

List of Abbreviations………………………..………………….……………..……………..…..4

Index of Authorities………………………….……………………….……………....……….…..5

Statement of Jurisdiction…………………….………………………………..……...……...…....9

Statement of Facts……………………….…………..……………….…….………..…………..10

Issues Raised………………………………………….…………….…...………………………11

Summary of Arguments……………………..………..………….…………………………..….12

Arguments Advanced…………………………………..……………………….………………14

1. Whether the amended Sections 354 and 375 of the Sindhian Penal Code, 1860, are violative of
Articles 14 and 15 of the Constitution of Sindhia?
2. Whether the Jurisdictional Court is justified to levy pro tem compensation based on the facts
and proceed with the trial in view of the Constitution of Sindhia?

Prayer………………………………………………………………..…………………………..45

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LIST OF ABBREVIATIONS

1. ¶ …………………………………………………………………………………….Paragraph
2. % ……………………………………………………………………………………..Percentage
3. AIR………………………………………………………………………… All India Reporter
4 .Art ……………………………………………………………………………………...Article
5. BOM ………………………………………………………………………………….Bombay
6. CAL …………………………………………………………………………………..Calcutta
7. CPC ……………………………………………………………………...Civil Procedure Code
8. CRPC …...……………………………………………………………Criminal Procedure Code
9 .DPSP ……………………………………………………….Directive Principle of State Policy.
10. HC ………………………………………………………………………………….High Court
11. HCC………………………………………………………………………….. High Court Case
12. HR……………………………………………………………………………… Human Rights
13. IPC ………………………………………………………………………….Indian Penal Code
14. NGO………………………………………………………... Non-Governmental Organisation
15. ORS…………………………………………………………………………………….. Others
16. PIL …………………………………………………………………..Public Interest Litigation
17. COI ……………………………………………………………….…….. Constitution of India
18. SCC ……………………………………………………………………..Supreme Court Cases
19. SEC……………………………………………………………………………………. Section
20. SCR………………………………………………………………….. Supreme Court Reporter
21. AMND ………………………………………………………………………...…. Amendment
22. U/S ……………………………………………………………………………...Under Section
23. UOI …………………………………………………………………………….Union Of India
24 V. …………………………………………………………………………………………Versus

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INDEX OF AUTHORITIES
ISSUE -1

ISSUE -2

BOOKS REFERRED
1.
2.
3.
4.
5.

STATUES REFERRED
1.
2.
3.
4.

INTERNATIONAL CONVENTIONS
1.
2.
3.

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STATEMENT OF JURISDICTION
The Hon’ble Supreme Court of Sindhia has exercised its jurisdiction under Art 32 and Art 136
of the Sindhian Constitution,1896 . The Petitioners, humbly submits to the jurisdiction
32. Remedies for enforcement of rights conferred by this Part.—
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition,quo warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution.
136.Special leave to appeal by the Supreme Court.
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any cause
or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or
made by any court or tribunal constituted by or under any law relating to the Armed Forces.

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STATEMENT OF FACTS
The union of Sindhia is a democratic country which was under the kingdom of Britannia and got
independence in 1885 and the laws are pari-materia to Union of Sindhia and Sindhian Penal
code,1860 was applicable. The People's Reformative Alliance party with the support of Sri
Ranveer Lohia formed a coalition government in 2022 with the prime minister Sri Vijeet Kishan.
He accomodated Ranveer Lohia's preferences in his ministry. Various challenges arouses in
Sindhia as a result of absence of clear separation of power. Ranveer Lohia was a accomplished
law student in domains pf criminal justice, intellectual property rights and civil law. He wanted
to Sindhia's law to international standards.
Ranveer Lohia introduced a bill to amend Sections 354 and 375 of the Sindhian Penal Code,1860
to promote gender neutrality leaving no violations of human body based on gender. The bill was
accepted BY both the houses. He proposed the bill for addressing the unreported cases of men
sexual abuse and the law Commission suggestion about gender neutrality and various precedents
supported this notion.
Elijah, a US national visited Sindhia to aquire knowledge of Eastern philosophy befriended with
jigyasa Kaur, who was a self proclaimed clairvoyant and auro cleanser. They arranged to meet at
Anjuna beach in the state of Glowa to take place at midnight. A group of five women including
Jigyasa Kaur were members of "Healers of the Lost" and offered holy water to cleanse body.
Later he realised that it laced with narcotic and psychotropic which left him incapacitated and
vulnerable to sexual assault to safisfy her carnal instincts. Various people rushed him to
St.Thomas hospital. After due examination, the team of doctors summoned to police and
registered a complaint. The police conducted preliminary investigation including text messages
and a photo of himself and Jigyasa with the caption of "NIRVANA SOON". The medical
examination went sent for chemical analysis and showcased their participation. The testimony of
Jacob D'sa, a taxi driver who dropped Elijah on beach and witnessed their welcome and escort
him. These factors lead to detention and arrest of Jigyasa and four other women namely, Disha
Dinesh, Amyra Rabeeha, Ruth Mendes, and Layla Anjum on the basis of Sections 354 and 375.
The government of Sindhia decided to remove the Doctrine of Reverse Burden. In a voluntary
staement, Jigyasa Kaur admitted their intention to conspire to sexual assault and charged with
offences punishable under Section 354 and 375. In response the 'Indian Orthodox Feminist
Organization', a Neo Orthodox NGO filed a writ Petition challenging amended provision as they
violate Articles 14 and 15 of the Constitution of Sindhia Further, the Jurisdictional Court ordered
the accused to pay compensation of 20 lakh rupees and they paid pro tem compensation to the
victim.
The 'Indian Orthodox Feminist Organization ' approached the Supreme Court of the Union of
sindhia filed a Special Leave Petition. Meanwhile another NGO named 'The Men's Progressive
Alliance' enraged the exclusion of exception clause of Sindhian Penal Code,1860.The said
matters are set out for final disposal before the Hon’ble Supreme Court of Sindhia.

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ISSUES RAISED

ISSUE- 1
1. Whether the amended Sections 354 and 375 of the Sindhian Penal Code, 1860, are violative of
Articles 14 and 15 of the Constitution of Sindhia?
ISSUE -2
2. Whether the Jurisdictional Court is justified to levy pro tem compensation based on the facts
and proceed with the trial in view of the Constitution of Sindhia?

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SUMMARY OF ARGUMENTS
1. Whether the amended Sections 354 and 375 of the Sindhian Penal Code, 1860, are violative of
Articles 14 and 15 of the Constitution of Sindhia?
2. Whether the Jurisdictional Court is justified to levy pro tem compensation based on the facts
and proceed with the trial in view of the Constitution of Sindhia?

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ARGUMENTS ADVANCED
1. Whether the amended Sections 354 and 375 of the Sindhian Penal Code, 1860, are violative of
Articles 14 and 15 of the Constitution of Sindhia?

2. Whether the Jurisdictional Court is justified to levy pro tem compensation based on the facts
and proceed with the trial in view of the Constitution of Sindhia?

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PRAYER
Wherefore, in light of issues raised, arguments advanced and authorities cited, the Petitioners
humbly pray that this Supreme Court of Dholakpur may be pleased to adjudge that:

1. To dismiss the petition.

.

And/or
Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience
For which the counsel for the Petitioners shall be duty bound forever pray.
****

Sd/-
(Counsel for the respondent)

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