LJ SCHOOL OF LAW

INTRA MOOT COURT COMPETITION 2023-23

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BEFORE THE HON'BLE

SUPREME COURT OF ANGARA
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SPECIAL LEAVE PETITION NO. ……. of 2019

IN THE MATTER(S) OF :

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DARA SINGH……………………………………………….. PETITIONER (S)

Vs.

STATE OF GULLAKA……………………………………. RESPONDENT (S)

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UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS

COMPANION JUSTICES OF THE SUPREME COURT OF ANGARA
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MEMORIAL ON BEHALF OF THE PETITIONER/APPELLANT

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TABLE OF CONTENTS

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List of Abbreviation…………………………………………………... 3
Index of Authorities…………………………………………………... 4
Statement of Jurisdiction……………………………………………... 6
Statement of Facts…………………………………………………….. 7
Statement of Issues…………………………………………………… 8
Summary of Arguments………………………………………………. 9
Arguments Advanced

I. Whether this Special Leave Petition is maintainable before the Hon’ble

Supreme Court of India?.................................................................................... 10

II. Whether the respondent is punishable for rape or not?................................. 14

III. Whether the respondent is punishable for cheating or not?......................... 19

Prayer………………………………………………………………................. 21

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LIST OF ABBREVIATION

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S/O SON OF

D/O DAUGHTER OF

R/O RESIDENT OF

PW PROSECUTION WITNESSES

DW DEFENCE WITNESSES

FIR FIRST INFORMATION REPORT

SHO STATION HOUSE OFFICER

IPC INDIAN PENAL CODE

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INDEX OF AUTHORITIES
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CASES:

1.
2.
3.
4.
5.
6.
7.

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WEBSITES REFERRED
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1. https://indiankanoon.org/
2. https://vakilsearch.com/judgments
3. https://www.casemine.com/
4.

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________________________________________________________________
STATUTES REFERRED
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1. Indian Penal Code, 1860

2.
3.
4.
5.

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STATEMENT OF JURISDICTION
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The Hon’ble Supreme Court of India has the jurisdiction in this matter under
Article 136 of the Constitution of India as follows:

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 judgement, 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 judgement, determination, sentence or
order passed or made by any court or tribunal constituted by or under any law
relating to the Armed forces.

The Supreme Court has a jurisdiction to entertain and hear appeals by

granting special leave against any kind of judgement or order made by any
Court or Tribunal in any proceedings and the exercise of this power is left
entirely to the discretion of the Supreme Court.

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STATEMENT OF FACTS
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1. On February 25, 2015, Darasingh (25 years old, S/O Late Kartar Singh, residing at
22/8 New Land Apartment, Amanabad) and Sakina (23 years old, D/O Ashraf Ali,
residing at Greater Vijay Colony, Amanabad) entered into a marriage according to the
Special Marriage Act. Their marital life initially proceeded harmoniously.

2. Over time, they experienced occasional verbal conflicts, which were typically
reconciled swiftly. In September 2016, Sakina gave birth to a daughter named
Samaira.

3. Post Samaira's birth, Sakina observed a marked change in Darasingh's behaviour. He

displayed increasing aggression and a propensity for violence over trivial matters.
Initially, Sakina did not regard this with great concern.

4. When Darasingh's violent tendencies persisted, Sakina sought professional advice.

She consulted Dr. Vineet Shah (DW1), a psychiatrist, who diagnosed Darasingh with
Bipolar Mood Disorder in its initial stage.

5. Despite medical intervention, Darasingh's aggressive behavior endured. He exhibited

a proclivity for confrontations and inflicted unwarranted physical harm on Sakina.

6. On December 5, 2018, at 01:00 AM, a tumultuous commotion emanated from

Darasingh's residence. A neighbour, A.S. Sharma (PW3), entered and discovered
Sakina unconscious, afflicted with numerous injuries and in a pool of blood.

7. A.S. Sharma observed Darasingh clandestinely concealing a 6-inch Iron Axe in the
garden. Subsequently, he alerted the police, and Sakina was transported to a
government hospital under the care of Dr. Salukhe (PW2).

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8. Darasingh was promptly apprehended by the police and detained in custody. On the
same day, Sakina regained consciousness, and her statement was recorded by Jolly
Singh (PW1), the SHO of Amanabad Police Station.

9. In her statement, Sakina recounted the events of December 5, 2018. She reported that
at 01:00 AM, Darasingh returned home and initiated a violent altercation. When she
resisted, Darasingh attacked her with the axe from the garden.

10. Tragically, on December 8, 2018, Sakina succumbed to her injuries, particularly the
fatal wound to her lower abdomen. Samaira, Darasingh's daughter, was subsequently
placed in the care of the Government Child Care Centre.

11. Based on A.S. Sharma's testimony and Sakina's dying declaration, an FIR (No.
123/2018) was filed against Darasingh for the murder of Sakina, as per Section 302 of
the Indian Penal Code.

12. A comprehensive Final Report was submitted on February 3, 2019, charging

Darasingh with the murder of Sakina under Section 302 of the IPC.

13. The case, State of Gullaka vs. Darasingh, underwent trial in the Session Court
(Session Trial No. 13/2019). Key witnesses included Jolly Singh (PW1), Dr. Salukhe
(PW2), and A.S. Sharma (PW3) who provided crucial accounts of the incident.

14. During the trial, Darasingh, citing a diagnosis of Bipolar Mood Disorder, contended
that he lacked conscious control over his actions at the time of the incident. He
professed to be unaware of the circumstances leading to Sakina's demise.

15. The defense introduced Dr. Vineet Shah (DW1), who attested to Darasingh's condition
and averred that the disorder could potentially induce violent acts.

16. Tony Singh (DW2), Darasingh's brother, testified, affirming that Darasingh exhibited
aggressive tendencies on numerous occasions, even over minor provocations.

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 17. On September 3, 2020, Darasingh was adjudged guilty of the intentional murder of
Sakina and was sentenced to 14 years of Rigorous Imprisonment.
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ISSUES RAISED
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ISSUE I

WHETHER SUFFICIENT GROUND OF LEGAL INSANITY

EXISTS SO AS TO EXONERATE THE ACCUSED FROM
LIABILITY OF MURDER?

ISSUE II

WHETHER THE BURDEN OF PROOF OF LEGAL INSANITY

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

ISSUE III

LOCUS STANDI OF THE COMPLAINANT

IN AN APPEAL
FILED BY THE STATE OF GULLAKA

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___________________________________________________________________________
SUMMARY OF ARGUMENTS
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