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MOOT COURT SOCIETY, CAMPUS LAW CENTRE, UNIVERSITY OF DELHI

COMMON INDUCTION MOOT, 2023

MOOT COMPROMIS

1. JINGOSTAN is the second largest country on Jupiter and recently it has overtaken the
Monopoly Kingdom to become the largest economy in the world. It has a population of 1
billion people that is spread across its 8 constituent states. There are many remarkable
characteristics of Jingostan, one of the most prominent ones being its cultural diversity as
almost all of its states have people speaking different languages and following different
cultures. However, Lingo is the most widely spoken language of Jingostan.
2. Jingostan is a culmination of ancient civilization into an advanced society with rich
cultural traditions that are expressed through various art forms such as architecture,
music, dance, painting, storytelling, theatre, and so on. The Jingostani political scenario is
touted to be the lens to view with which one can get a glimpse of the wide landscape of
Jingostan’s ideological diversity and societal views.
3. In the year 1930, after gaining independence from the rule of the Authority Kingdom,
Jingostan framed its Constitution keeping in mind its societal, ideological and cultural
diversity in modern jargon of the law and adopted the Westminster Style of Parliamentary
Government. The framers of the Constitution envisioned a society that holds individual
freedom of thought, equality, liberty, and justice for all as the governing principles of
public and private life, hence, they took inspiration from the laws of India (All laws
applicable in Jingostan are pari materia to the laws of India).
4. With the passage of time, the evils of polarisation, caste-based and vote-bank politics
have plagued the political scenario of Jingostan and have gripped the country in its
clutches. The two most dominant political groups in the Jingostani political scenario are
the ‘Capitals’ and the ‘Socials’.
5. The Capitals place economic growth and development as their primary objective as per
their manifesto while the Socials place establishing economic and social equality
amongst the citizens of Jingostan as their main objective as per their manifesto. The two
groups have always been at odds with one another and even violent clashes between
volunteers, members and supporters of the two have broken out.

6. As the General Elections of 2020 came near, the ideological difference kept on leaping
out of minds to the streets of Jingostan. After a while, the Capitals came to power with a
huge majority winning over 300 seats out of 500 seats in the Parliament. Thereafter, the
Capitals introduced a group of economic reforms as promised in their manifesto and
other bills which would curb freedom of speech and expression and digital and data
privacy rights. Pursuant to various reforms, the Socials called for nationwide strikes and
protests holding demonstrations in every nook and cranny of Jingostan across all villages
and major cities.
7. Soon rumours began to circulate in one of Jingostan's most densely populated cities, New
Jelly, which is in the state of Jelly and also happens to be the capital of Jingostan. These
rumours, which hinted at derogatory actions by one party against another, quickly spread
like wildfire. Within hours, what began as hushed conversations turned into public
outrage, leading to a full-blown conflict between the two parties’ supporters, volunteers
and sympathisers. As night fell, the streets were filled with mobs, each side fueled by
anger and a sense of righteousness. Houses were vandalised, shops were looted, and the
once-peaceful neighbourhood turned into a battleground. Hence, Section 144 of the
Jingostan Code of Criminal Procedure had to be imposed.
8. Mobs of demonstrators armed with sticks, pellet guns and molotov cocktails soon took to
the streets and within no time first-aid workers, health professionals and the police had to
be summoned to the site of the mayhem as casualties and grievous injuries began to arise
and urgent healthcare assistance and control of the situation was needed immediately.
Video recordings of the scene soon took social media by storm and within no time
journalists from the top media houses of Jingostan were there to cover and report.
9. Amidst this chaos, Mr. Raviprakash, a resident of one of the affected localities and a
father of two, decided to step out to protect his family. With a lathi (a wooden stick) in
hand, he ventured out, hoping to ward off any potential threats to his house and family.
However, the volatile situation outside was beyond his anticipation. In a turn of events, as
Mr. Raviprakash tried to navigate through the mob, he found himself confronted by a
well armed mob. In the ensuing scuffle, and amidst the chaos, Ravipraksh’s lathi struck
another individual, Mr. Arnab, who was also trying to navigate his way through, causing
him to fall to the ground.
10. The injured individual, Mr. Arnab upon recovery, filed an FIR against Mr. Raviprakash,
referred to as Annexure A under section 154 of the Jingostan Code of Criminal Procedure
(J.Cr.P.C.), alleging hurt being caused to him because of the strike from Mr.
Raviprakash’s stick.
11. Given the nature of the injury, the prosecution seeks to charge Mr. Raviprakash under
Section 323, 34 & 149 of the Jingostan Penal Code. The defence, on the other hand,
argues that the injury should not be classified under Section 323 for causing hurt and
sections 34 & 149, emphasising the unintentional nature of Mr. Raviprakash’s actions and
his primary intent to protect his family.
12. Further, as stated before there were mobs gathered from both sides of the conflict,
causing the unrest which had led to the entire commotion, of which the prosecution
alleged Mr. Raviprakash being a part of, further charging him under sections 34 & 149 of
the Jingostan Penal Code (JPC) to which the defence holds that he was not part of any
mob.
13. Given the nature of the offences under sections 34 & 149 of the Jingostan Penal Code,
Mr. Raviprakash was subsequently arrested, the evidence required was collected, the
charges were framed and the trial had begun in front of the District Court of Delhi who
convicted the accused, Mr. Raviprakash under sections 323, 34 & 149 of the Jingostan
Penal Code, which is now being appealed before the Hon’ble High Court of Jelly where
Mr. Raviprakash’s lawyers look to establish that his conviction was against Jingostani
law and he should immediately be released and the conviction should be set aside.
ANNEXURE-A

FIRST INFORMATION REPORT


(under Section 154 J.Cr.P.C)

1. District: South Jelly P.S: Basant Nagar Year: 2020


FIR No: 696 of 2335
Date of occurrence: 5th October 2020

2. Act: Jingostan Penal Code, 1860 and Jingostan Code of Criminal Procedure, 1973
Sections: 323, 34 and 149 of the JPC, 1860 and 154 of J.Cr.P.C.

3. Occurrence of Offence, Day: Tuesday 5th October 2020 Time: 05.35 PM

4. Information recorded at PS: Date: 5th October 2020 Time: 08.30 PM


General Diary Reference Entry No: 9669/2020
Information recorded by: Sub Inspector Mr. Patrick Bateman

5. Type of information: Personal * Written/Oral: written

6. Place of Occurrence: Direction/Distance from PS: Outer Blink Road near New Jelly
International Airport, 1.6 km from PS.

7. Basis on which FIR is lodged: Injury inflicted on complainant by accused.

8. Details of Known/Unknown/Suspected accused with particulars:


Known person – Mr. Raviprakash

9. Reasons for delay in reporting by informant: no delay, informed immediately

10. Particulars of injuries sustained: Scratches and scabs on both knees and right arm resulting
from a fall that happened subsequent to the strike from the lathi of the accused.

11. Particulars of the post-mortem report: Not applicable

12. Particulars of evidence collected: am approximately five feet long lathi, mobile phone of Mr.
Raviprakash (Samsung Galaxy A33).

13. Inquest report/Unnatural death case no. if any: Not applicable

14. Signature/thumb impression of complainant/informant: Signed Mr. Arnab

15. Signature of Office-in-charge, Police station: Signed Sub Inspector Patrick Bateman

FIR read over to the complainant/informant, admitted to be correctly recorded and a copy given
to the complainant/informant free of cost.

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