Intra-moot moot proposition (2024)

1. Maya is a citizen of the country Hinduya residing in the State of Bumbai. Born in
2006 to parents Rachin Kohli and Divya Kohli, Maya is a passionate photographer
along with a love for literature. She has a reputation of being shy and can come across
as an introvert. Maya has decided to reinvent her personality abd give herself a virtual
makeover to start with. For the same reasons she showcases herself as 18 years old on
social media platforms.

2. Sachin, a 18-year-old citizen of Hinduya and a young man with a confident

personality that speaks volume. Travelling posters that capture his wanderlust are
displayed in his room, which reflects his passion and dream of seeing the world.

3. In December of 2023, Maya came across Sachin's stunning travel photos on the social
media platform Instagram. Intrigued by his adventures, she decided to send him a
message on the said social media platform, complimenting his photography skills and
expressing her mutual passion for capturing such stunning moments.

4. Sachin, a travel enthusiast from Bumbai, was pleasantly surprised by Maya's message.
They started chatting about their favourite destinations, exchanging travel stories, and
discovering common interests beyond photography. As the days passed, their
conversations grew more engaging, transitioning from comments on each other's posts
to personal messages.

5. As the year came to an end, they decided to take their connection beyond the virtual
world. Sachin suggested meeting in person during the upcoming New Year's Eve.
Maya, initially hesitant, felt a mixture of excitement and anticipation upon meeting
Sachin who was her internet friend.

6. Maya informed Sachin that her birthday was scheduled soon. They instead decided to
meet on the eve of her birthday and not on the New Year's Eve.

7. On the 5th of January 2024, Sachin and Maya met up and went to a library and struck
up a conversation about books. As the evening unfolded, they decided to continue
their conversation over coffee at a nearby café. Sachin brought over the coffee and the
two began to talk about travelling. After a couple of minutes, Maya started feeling
nauseous so she went to the bathroom and started to vomit out of the blue. Maya soon
decided to cut short their evening and as the two of them were about to leave but a
sudden rainstorm caught Maya and Sachin off guard as they were hanging out in the
city. To seek refuge from the rain and pass the time Sachin suggested that they head
to his house, as it was nearby.

8. Maya was hesitant at first but finally gave in to Sachin's insistence and they made
their way to his house. Upon reaching his place Maya noticed that nobody was home
and upon being enquired about the same Sachin replied that his parents were visiting
their native place.

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 Intra-moot moot proposition (2024)

9. Sachin brought a bottle of wine for the two of them to share but Maya stated that she
does not drink. Sachin teased Maya about this fact, filled a glass for her anyway, and
insisted she have a sip. Maya gave into the peer pressure, first took just a sip but
eventually began to slowly drink the wine as the evening progressed. The ambiance,
coupled with the raindrops outside, created a comfortable atmosphere for Maya.

10. In a moment of shared vulnerability, Maya and Sachin kissed. Maya immediately
realizing that things were moving too fast, proceeded to leave Sachin's house by
saying that it had gotten late. But Sachin pulled her by her right hand and continued
kissing her again. Maya immediately knew what was happening and she gave in to
Sachin and they had sexual intercourse. Maya spent the night at Sachin's place
ignoring calls from her family as she was scared about the outcome if her parents
found out.

11. The next morning she left for her house while Sachin was still asleep and informed
her parents about what had transpired the previous night. Maya accompanied by her
parents went to the local police station and filed an FIR against Sachin. The police
immediately arrested Sachin.

12. The medical test suggested that the intercourse took place between 11pm to 1am. The
test also showed bruise marks on Maya's right hand. Sachin denied having hit Maya at
all. The test also suggested that the injury marks on Maya's hand had a possibility of
being self-inflicted.

13. The trial Court found Sachin guilty of committing the offense under Section 376 of
the IPC and provisions of the POCSO Act. Sachin pleaded that Maya was not a minor
when the sexual intercourse took place and hence the charges of the POCSO Act
against him should be dismissed at the earliest stage. He also pleaded that consent was
present in the instant case on the fact that she went ahead with the sexual intercourse
and hence the offense of rape had not been committed.

14. Aggrieved by the decision of the Trial Court, the defendant appealed to the High
Court of Bumbai.
After due consideration, the court determined the following issues to be argued before it on
29th March 2024:-
1. Whether the appeal before the High Court is maintainable or not?

2. Whether Sachin can be held liable for the offense of Section 376 of IPC
considering the absence of consent?

NOTE :
The laws of Hinduya are Para Materia to the laws of India.
The legal drinking age in the State of Bumbai is 18 years.