Moot 1 (criminal)

I: BACKGROUND: Indie Land is home to several Gods, beliefs and Godmen. The Indie Land
Penal Code governing the laws related to substantive criminal activities which has been
criticised for being too gender biased. Recently, the country has witnessed a mass upsurge
in terms of women rights and several oppressed women have come out in open to discuss
their experiences of harassmentand molestation.

II: BABA NEEM HAKEEM PARAM SACHHA (GURUJI): Guruji is the biggest motivational
Godmen in the state. He teaches his disciples the art of living which includes performance
of several activities for cleansing of their soul and is famous for his motivational lectures
nationwide

III: 24TH APRIL, 2016: A FIR was filed by Kusum Krantiveer Paramsachhe against Guruji at the
Palan Police Station, Khoobsurat, 3 kms southwest to the Ashram. Chargesheet no.
012/2017 charged Guruji with Section 326, 354, 354A, 376, 377 under the Indie Land Penal
Code. Guruji was arrested the very next day (Annexure B) and placed under judicial
custody.

IV: ALLEGED OFFENCES: In 2010, after being sent to the Ashram by her family she was
repetitively raped by Guruji. She also stated that one night, when she was feeding Indu, her
favourite stray dog in the ashram, Guruji asked Kusum togo to her cottage. On her
resistance, Guruji forced her and Indu started barking at Guruji. In afit of anger, Guruji took
a wooden stick lying in vicinity and rammed it in the vagina of Indupulling out her intestines
causing instant death. Guruji threatened Kusum that if sheattempted to complain or
disclose the reality, he would do the same with her and her ordealsat the hands of Guruji
continued.

On 26th March 2013, Kusum’s marriage had been solemnized with Krantiveer, on 21 st April
2016, Kusumand her daughter visited Guruji’s Ashram to celebrate his birthday, there,
Guruji again tried to molest her but left the room soon as other followerswere hovering
around her room. When she returned home, she told everything toher husband, after
listening to her they decided to file an FIR against Guruji.
Statement of Issues

1. WHETHER THE ACCUSED IS LIABLE FOR RAPE UNDER SECTION 376 OF THE INDIE
LAND PENAL CODE?

2. WHETHER THE ACCUSED IS LIABLE FOR SEXUAL ASSAULT UNDER SECTIONS 354
AND 354A OF THE INDIE LAND PENAL CODE?

3. WHETHER THE ACCUSED IS LIABLE UNDER SECTION 326, 428 AND 377 OF THE
INDIE LAND PENAL CODE?

Moot 2(civil)

Mr Kurian was a resident of Surat in the State of Gujarat. He was forty-eight years old when
he passed away, and the three other members of his family were his 40-year-old
unemployed wife, her ten-year-old daughter, and his five-year-old son. At the time of his
death, Mr Kurian was a government official receiving an enviable annual salary. Mr Kurian
had hydrocephalus as well as Type II Chiari abnormalities. On August 31, 2023, he visited
Dr Chandra, Senior Consultant, Star Hospital’s Department of Neurosurgery, regarding this
matter. Dr Chandra suggested that he be admitted to the same hospital so that Dr Chandra
could do the surgery onsite. On September 10, 2023, Mr Kurian entered the Star Hospital
on Dr Chandra’s recommendation. After performing pre-operative medical examinations,
Dr Chandra and his team conducted the operation on Mr Kurian on 12.09.2023. Mr Kurian
was thereafter shifted to a private room at about 01:00 pm. At 03:00 pm, the doctors
visiting Mr Kurian were informed about the pain in the neck region, which seemed to have
transferred downward lower than the location where the pain used to occur before the
operation. Even after the request of shifting Mr Kurian to ICU, he was still kept in private
room where he made several complaints about severe pain, Mr Kurian’s wife reported to
the hospital staff_ about the same. After 04:30 PM, Mr Kurian received an intravenous pain
medication, but his discomfort and intense sweating episodes persisted. At about 07:00
PM Mr Kurian started suffering from severe unbearable pain. Mr Kurian’s wife called Dr
Chandra on his residential phone but he was not available, meanwhile Mr Kurian suffered
major heart attack and was declared brain dead on 13.09.2023 and subsequently, he died.

The deceased’s wife first approached the National Consumer Dispute Redressal
Commission (NCDRC) by filing a complaint. The complaint alleges that after being moved
into a private room, her husband did not receive any care from a neurosurgical team
member until he had a heart attack. After undergoing such extensive surgery, the deceased
ought to have been sent to the Intensive Care Unit (ICU) rather than being placed in a
private room. However, her complaint was rejected by the National Consumer Forum on
15.11.2023. The present appeal is directed to the Supreme Court of India against the order
given by the NCDRC.

The Following Issues were framed in the above mentioned case:

Whether the Supreme Court has jurisdiction to entertain present appeal?

Whether the Star Hospital and doctor have committed negligence by failing to provide
necessary postoperative medical treatment to Mr Kurian?
Whether the Commission (NCDRC) has committed any illegality while rejecting the
complaint filed by the deceased’s wife?

Note:

Students shall attach their 15 days internship letter on the first page of the memorial. Also
attach case diary of the internship along with the memorial.

The page limit of the memorial shall not be less then 100 pages.

The last date for submission for soft copies of the memorial is 20 th of April, 2024. No hard
copies will be considered before the approval of soft copies.

The last date for submission of the hard copies is 30 th of April, 2024.

Each student must prepare one Memorial on behalf of Petitioner(s)/ Appellant(s) and one
on behalf of the Respondent(s) for both civil and criminal. Two copies of both the
memorials are to be made (2 copy each i.e 2 from petitioner and 2 from respondent )

Memorials need to be submitted in spiral binding form.

Petitioner memorials are required to have a Blue cover and Respondent memorials are
required to have a Red cover.
The hard copy of memorial must be exact replica of the soft copy submitted.

GUIDELINES FOR FORMATTING:

1. Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain the case title, side of the
memorial, year and name of the Court.

Certiticate.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

 ix. Pleadings /Arguments Advanced

x. Prayer

2. Content Specifications: The following content specifications must be strictly

adhered to:

i. Font and Size (General) – Times New Roman, 12 pts

ii. Line Spacing (General) – 1.5 lines

iii. Font and Size (Footnotes) – Times New Roman, 10 pts

iv. Line Spacing (Footnotes) – Single line

v. Page Margins – 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed and in a spiral binding
form.