University Institute Of Laws

Panjab University Regional Centre

Ludhiana

Moot Court Society

Organises

th

NATIONAL MOOT COURT

COMPETITION-2024

February 27th-29th, 2024

MOOT PROPOSITION
 MOOT PROPOSITION
1. In Ludhiana's Akshardham Apartments, there lived a young girl named Kavita. She
was 21 years old and had a moderate intellectual disability. Kavita stayed with her
grandmother in the same apartment. Later, on 20th November, 2021 a family moved in
the next door. Rahul along with his wife Reena and their 17-year-old son Yash, started
living in Akshardham Apartments. So, Kavita, her grandmother, Rahul, Reena, and
Yash became neighbours in the same building.

2. Rahul and Kavita's families became really close over a period of time. Rahul was very
helpful to Kavita and her grandmother. In times of emergency, he would take Kavita's
grandmother to the doctor, and occasionally, he would pick and drop Kavita at her
office. After some time, Kavita decided to shift her workplace, and she started working
in the same office where Rahul was working already.

3. During their interaction, Rahul often discussed with Kavita about the challenges he
was facing in his relationship with Reena. He shared details about the difficulties and
conflicts in his marriage, expressing his dissatisfaction. Furthermore, Rahul hinted at
the possibility of getting a divorce from Reena.

4. This close connection and sharing of personal matters created a bond between Rahul
and Kavita, as they navigated through the challenges of their respective relationships.
They became really good friends. Eventually, their friendship turned into a romantic
relationship. As a result, the once-close bond between Rahul and Reena gave away to an
increasing distance, both emotionally and perhaps physically.

5. Reena, perceptive to the changes in their relationship dynamics, consistently sensed

that something was amiss and she even tried to talk about the same. Reena experienced
a range of negative emotions, including betrayal, insecurity, revenge and emotional
distress.

6. On 25th December, 2022 Kavita’s grandmother went for some family work. Rahul,
after informing Reena about work commitments, visited Kavita's home, which was
witnessed by Yash and he informed Reena. At that time, Reena kept silent and didn’t
utter a word. The intrusion of Kavita into the sanctity of their marriage has disrupted
the equilibrium, causing Reena to grapple with feelings of abandonment and questioning
the foundational trust upon which their marriage was built.

7. The outrage and anger signify a breaking point prompting Reena to adopt some
unethical way. The next morning i.e. on 26th December, 2022 she decided to visit
Kavita's home under the pretext of offering some sweets along with his son, Yash.
During this visit, but without Kavita's knowledge, Yash discreetly installed a hidden
camera in her room.
8. When Rahul visited Kavita’s home, the intimate moments between the two were
recorded, and Reena exposed her husband and confronted him. This situation took a
worse turn and confrontation led to heated arguments. In a moment of intense
anger, Reena went to the extent of threatening Rahul with a gun and asked him to
upload this video on social networking sites; if he fails to do so, she will shoot him.
Soon after this incident, Rahul realised his mistake that his family got hurt because
of his actions. He admitted his fault to his wife and promised her that he wouldn't
do it again.

9. Yash also warned Kavita to stay away from his parents’ personal life, otherwise
she would bear the consequences.

10. Upon learning about the incident, Kavita realised that Reena was the one
responsible. This left her deeply heartbroken and emotionally scarred, especially
considering the immense humiliation it brought to her family. In response to the
situation, on 30th December, 2022 she lodged an FIR against Reena for uploading a
fake video on the internet.

11. Following the incident, Kavita attempted to contact Rahul, but he did not
answer her calls. Her efforts to meet him at his workplace were in vain, as Rahul
had resigned from his job and left the apartment. The urgency in Kavita's attempts
to reach Rahul stemmed from her desire to share the news of her pregnancy, a
profound revelation that would alter the course of both their lives. The unsettling
silence and sudden disappearance of Rahul added a layer of emotional turmoil to an
already challenging situation, leaving Kavita in a state of profound uncertainty
about the future and the fate of her unborn child.

12. Since the police got involved and due to Kavita’s consistent efforts to reach
Rahul, his family understood that they needed a solution. So, together, they came
up with a plan to finish things. On 2nd January, 2023 around 8 pm, Kavita received
a text from Rahul’s cell phone number asking her to meet him at a secluded place
i.e. S.K. Hotel’s outside the city on 3rd January, 2023.

13. Rahul was waiting for Kavita in the room and she noticed that his behaviour was
strange. When she questioned him, he tried to convince her to end their friendship,
stating that he couldn't betray his wife any further. In the midst of this
conversation, Kavita bravely disclosed her pregnancy, hoping that Rahul would
understand her. This revelation sparked a heated argument between them. Kavita
tried to persuade Rahul to continue this friendship, but he insisted on ending it.
Rahul asked for abortion and threatened her with dire consequences. Rahul was
very clear with his objective, so he gave her some intoxicated drug, making her feel
senseless and numb. Rahul left the place, as he had to make some arrangements.
14. After a gap of 2 hours, house keeping of hotel (PW1) found a partially
decomposed dead body immersed in hydrofluoric acid in the hotel bathroom tub
and informed the authorities. The hotel manager (PW2) also recalled a peculiar
encounter with Yash on the day of the incident. Yash's physical state was
alarming — pale and trembling. Concerned, the hotel manager inquired about his
well-being, Yash's response, however, was curt and rude. In a dismissive tone,
Yash retorted with a brusque "mind yourself,"

15. The police officer filed First Information Report (FIR) against Rahul, Reena
and Yash.

16. Dr. Rohit Arya (PW3) submitted the postmortem report dated 25th January,
2023 and came to the conclusion that the deceased was brutally raped and
murdered. She was also subjected to carnal intercourse. He noticed the following
injuries on the dead body :
1. Her eyes balls were removed from her eyes in live condition,
2. her tongue was also pulled from her mouth and thereafter,
3. her hands and arms were dislocated from her body,
4. acid was poured into her mouth and on her body and due to the acid her child
also died in womb,.
5. Labia Majora and Minora swelled, tear of size two-inch x ½ inch over interior
part of labia Majora, extending to vagina present with clots of blood.
6. Anal tear of size 1 inch x ½ inch posteriorly present swelling of anal opening
and dilation of anal opening about 2 inches ween.
7. Bruises of size 3 cm x 2 cm over both side of neck present about three in
number on each side.
8. Bruise of size 2 cm x 2 cm over medial surface thigh and thigh folds present.

17. Challan was presented and following charges were framed against all the three
accused by the Sessions Court.
Rahul identified as Accused No. 1, has been charged with offences under Section
302, 326 A and 34 of the Indian Penal Code, 1860, as well as under Section 66E
of the Information Technology Act, 2000.
Reena identified as Accused No. 2, has been charged with offence under Section
66E of the Information Technology Act, 2000.
Yash identified as Accused No. 3, has been charged with offences under Section
302, 326 A and 34 of the Indian Penal Code, 1860, as well as under Section 66E
of the Information Technology Act, 2000.

18. The Sessions Court correctly appreciated the evidence and documents adduced
in this case and found that the guilt of all the three accused as proved beyond
reasonable doubt.
19. The Court of Sessions convicted :
➢ the first accused i.e. Rahul was awarded death penalty under section 302 IPC, subject to
confirmation by the High Court and was also awarded with fine of Rs.10,000/-. In default,
to suffer rigorous imprisonment (for short RI) for six months, for offence under section 376
IPC, further seven years RI and fine of Rs.500/-, imprisonment for life with fine of Rs.
10,000 under section 326 A, read with section 34 of IPC and sentence of 1 year under
Section 66E punishable under Section 66E of the IT Act,2000
➢ The second accused i.e. Reena was awarded with 3 years’ imprisonment under Section
66E of the IT Act,2000.
➢ The third accused i.e. Yash was awarded with imprisonment for life under section 302
IPC, for offence under section 376 IPC, further seven years RI and fine of Rs.500/-,
imprisonment for life under section 326 A, read with section 34 of IPC and was also
sentenced 3 years imprisonment under Section 66E of the IT Act, 2000.
20. Death punishment was confirmed by the Hon’ble High Court and now we are in these
appeals against the orders of Sessions Court.

ISSUES FRAMED:

1. Whether the appeal is maintainable or not?

2. Whether the sentence imposed on all the three accused are appropriate in
light of their involvement in the offences?
3. How does the law address the violation of privacy through the installation
of a hidden camera and the subsequent distribution of intimate footage?

Participating teams are free to frame any other relevant issue.