MOOT PROBLEM

I. The Union of Aaryavarth is an independent country situated in Southeast Asia.

After a lot of bloodshed and constant struggle it got its independence in 1947
and adopted a constitution that guarantees the sovereign character of the
nation. Shivansh is an electronic engineer working in a multinational
company. After 3 years of working due to family pressure, he agreed to get
married. Afterword’s he created a profile in matrimonial website and in the
said platform he started a conversation with Roshni and a romantic
relationship developed between them. After few months of conversation, they
decided to marry each other, and they solemnized the marriage according to
Hindu rites and customs.

II. After one year of marriage, both of them get to know about a fact that Shivansh
is suffering from infertility as a result of which they were facing issues
regarding the birth of a child. After knowing this the matrimonial relationship
between Shivansh and Roshni gets worsen and in order to resolve this issue,
Shivansh assured his wife to take recourse of artificial reproductive
technologies for begetting a child. But Roshni were least bothered to pay heed
to his words as her mindset seeks for natural motherhood. But the parents of
Shivansh were forcing her to adopt the artificial method of pregnancy even
though she made repeated denial.

III. Finally, after a lot of heated discourse between Roshni & Shivansh and his
parents, she decided to live separately from her husband, and she went to her
maternal house for living. As soon as she left for about two months Shivansh
tried to reconcile the matter but, on her refusal, he stopped to have any
contact with her. After six months, Roshni started feeling lonely and called
him up for reconciliation and told him to visit her house for resolving the
issues prevailing between them.

IV. On the basis of the call made by Roshni, Shivansh visited her place and as
soon as he stepped into her house, he finds her wearing a saree that resembles
with the attire that she was wearing on her first day of marriage. By seeing
her Shivansh got emotional and started recalling the happy moments they
once used to share. Both of them started talking to each other in order to
resolve the issue but all of a sudden, she left the room for bring some coffee
for both of them. As soon as she came out of the kitchen Shivansh and Roshni
had an intense conversation which led to a sexual intercourse between them.
 V. After that Shivansh left the house of Roshni and went to his house. After
reaching at his house, he was recalling the intimate moments and he called her
and told her to come back to his house and start the matrimonial relationship
afresh. But to his surprise after listening to his words she immediately
disconnected the call without saying a word in reply.

VI. On the next morning, Roshni in a Shabby condition went to the police station
to lodge an FIR against her husband namely Shivansh under Section 376 B of
IPC and also raising allegation against his parents entangling them under
section 34 of IPC as according to her his parents were also liable for mentally
harassing her every day owing to which she left her matrimonial House.

VII. After receiving the said FIR, The Karol Bagh women police rushed into his
house for apprehending him on the basis of the said FIR but after they reached
the said location, they came to know that Shivansh is out of Station for some
work and in his absence the said police officer arrested the ailing parents of
Shivansh and brought them into the police station for further investigation.
The concerned police officer for the purpose of investigation and in order to
take out the statement from them started torturing the parents in the police
custody. Thereafter as soon as Shivansh get to know about the arrest of his
parents he immediately rushed towards the police station and he surrendered
himself before the police.

VIII. On that day, Roshni received one friend request from an anonymous account
and as soon as she accepted the friend request, some intimate images of
Shivansh and Roshni were being sent to her along with a threat that she should
pay a hefty amount of money or else those images will be uploaded in the
social media platform. After few hours from the receipt of the message, the
concerned images were uploaded in different social media platform. So,
aftermath she immediately rushed to the police station and informed about the
said incident and also registered an FIR in this regard alleging Shivansh to be
the person behind it.
ISSUES TO BE DEALT WITH

1. Whether Shivansh is liable for committing the offence under Section 376B r/w
90, 354C, 383 of the Penal code?

2. Whether the police is liable to be entangled for the contravention of Article 21

and Article 20(3) of the constitution and also the violation of Human Rights?

3. Whether Shivansh is liable for the offence committed under relevant provisions
of IT Act, 2000?

N.B:- In view of the state proposition the laws of aaryavarth is in pari materia
with the laws of India.