MOOT PROPOSITION

1. Kalpana, a 17 year-old Dalit Girl, resident of Naripur Village, State of Aryavrat. On 14 July 2024, her Mother
was summoned to the Kandivali Police Station for questioning in connection with a theft case allegedly
involving a local zamindar’s household, where she had worked intermittently.
2. When the police arrived at the suspect's house to record her statement, she was not there. When Kalpana's
mother arrived and told Kalpana to go with the police to the station and cooperate as a suspect in the case.
Constable Dinesh informed the family that she would be released after routine questioning.
3. Kalpana was brought in to police station at 7:30 PM by Inspector Ravi, accompanied by Sub-Inspector Manoj
and Constable Dinesh, without registration of a First Information Report (FIR). Meanwhile, Inspector Ravi
inform SHO Dilbir Regards the Kalpana detention on Radio Message. As SHO Dilbir was on VIP Duty on
same day.
4. When Kakma heard about Kalpana’s arrest, he rushed to the police station and waited outside. Suddenly, he
heard laughter coming from inside. Out of concern and curiosity, he moved toward the backyard of the station
to observe discreetly. There, he witnessed Constable Dinesh, Kalpana, and Sub-Inspector Manoj engaged in
an indecent and inappropriate situation. Shocked, he ran to Kalpana’s house and told everyone what he had
seen.
5. Kalma alleged that Kalpana was raped by two police personnel in the backyard of the police station during
the late evening hours. When Kalpana’s family came to know of the incident, her father David (45), mother
Kalma (40), uncle Bhola (35), brother Mathara (17), and Mathara’s friends Kakma (16) and Fularu (17)
became extremely distressed and angry. In a state of rage, they went to the police station carrying petrol and
torches. They shouted in protest and set the police station on fire. The fire spread rapidly. Inspector Ravi and
Sub-Inspector Manoj managed to escape, but Constable Dinesh was unable to get out in time and died in the
blaze.
6. Inspector Ravi sent a distress signal via radio to the Police Control Room, reporting a fire at the police station.
Upon receiving the communication, the Control Room immediately informed the Superintendent of Police.
The Superintendent promptly issued directions to apprehend the individuals allegedly responsible for the
incident and called for immediate backup and emergency assistance to control the situation.
7. On 15 July 2024, at approximately 4:00 AM, Kalpana was arrested by officials at Verivali Police Station,
along with two juveniles, Kakma (16) and Fularu (17), at the Naripur railway station while attempting to flee.
Meanwhile, Kalpana’s father David (45), mother Kalma (40), uncle Bhola (35), and brother Mathara (17)
were not located at the time, and police efforts to trace them are ongoing.
8. Based on the statement provided by Kakma regarding the events he witnessed on the night of 14 July 2024,
the Office of the Superintendent of Police registered a First Information Report (FIR) against the three police
officers allegedly involved in the incident. Additionally, a separate FIR was filed against Kalpana and
members of her family for their alleged role in the arson and related offenses.
9. At approximately 6:30 AM, while police officers were preparing to take Kalpana and Kakma for a mandatory
medical examination, Kakma allegedly snatched a pistol from a police officer and opened fire. In response,
the police discharged two warning shots into the air. During the altercation, a bullet struck Kakma near his
ear, causing him to collapse. He was immediately transported to the hospital, where he was declared to be in
a coma at approximately 8:00 AM.
10. While Kalpana was being brought back into the station, she appeared visibly distressed, anxious, and fearful.
She requested permission to use the bathroom, after approximately 15 minutes had passed, Sub-Inspector Fira
knocked on the bathroom door. Receiving no response, she knocked again, and eventually forced the door
open. Kalpana was found deceased inside the bathroom of the Police Station, hanging from a shower pipe
using her chunni (scarf). The Station House Officer (SHO) has stated that the incident appears to be a case of
suicide.
11. The medical report revealed that Kalpana was "habituated to sexual intercourse." A blood sample from Sub-
Inspector Manoj showed alcohol consumption, while DNA analysis confirmed that the semen and blood found
on her matched Constable Dinesh. Dinesh’s lawyer argued that Kalpana had willingly engaged in sexual
relations with Dinesh, claiming that her consent was voluntary under the circumstances. The defense pointed
out that Kalpana did not raise an alarm and there were no visible signs of injury on her body, implying there
was no struggle and therefore no rape. They further suggested that, being accustomed to sex, Kalpana might
have incited the police officers to have intercourse with her.
12. On the other hand, the defense argues that Kalpana possesses sufficient mental capacity to consent, despite
being a minor. They claim that she had the mental awareness necessary to make such decisions, thus
suggesting that her consent could be valid under the circumstances.
13. Both cases were brought before the Sessions Court for trial. After hearing the case, the Sessions Court
convicted all the accused. The case is now before the Hon'ble High Court, where the conviction is being
challenged by Inspector Ravi.
 The Hon'ble Court has raised the following legal issues for consideration:

1. Whether the custodial death of Kalpana amounts to murder or culpable homicide, given the circumstances
surrounding her alleged suicide?
2. Whether Kalpana and her family are liable for the murder of Constable Dinesh?
3. Whether the alleged sexual assault on Kalpana by police officials falls outside the scope of their official duties,
thereby attracting the provisions of Section 70 of the Bharatiya Nyaya Sanhita (BNS) and negating immunity
under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) victim’s prior sexual history or alleged
habituation to intercourse is relevant in the context of the rape charge, in light of Section 48 of the Bharatiya
Sakshya Adhiniyam (BSA)?
4. Whether the statements recorded by the police under Section 180 of the BNSS are admissible as evidence in
a court of law?

The names of individuals, organizations, and places mentioned in this moot proposition are entirely fictional. Any
resemblance to actual persons, living or dead, or actual events is purely coincidental. This proposition is created solely
for academic purposes and is not intended for use in any real-world legal or judicial setting.

All the laws referenced in this proposition are pari materia to those of India and are used for the purpose of academic
simulation only. The content is designed to encourage legal analysis, critical thinking, and the development of advocacy
skills, and should not be interpreted as representing any actual legal system or practice.
STATEMENT (AX.1)

I, Inspector Ravi Singh, presently posted at Kandivali Police Station, respectfully submit the following
statement regarding the incident dated 14–15 July 2024, as per the inquiry being conducted:

On 14 July 2024, I was assigned to accompany SI Manoj Verma and Constable Dinesh to Naripur Village to
summon Mrs. Kalma for questioning in a theft case. Upon arrival, Kalma directed her daughter Kalpana to
accompany us voluntarily to Kandivali Police Station for a preliminary inquiry—no FIR or arrest memo was
filed. We reached the station around 7:30 PM, and no force was used. I remained occupied in the main office
and had no involvement in or knowledge of any misconduct. Around midnight, I briefly left the premises and
was unaware of any incident in the rear compound. Later, I learned about the fire caused by Kalpana’s relatives
and the tragic death of Constable Dinesh. I was also informed of Kalpana’s death, discovered at Versahvali
Police Station the next morning. I had no interaction or conflict with her and deny all allegations. I cooperated
fully with the internal inquiry, providing mobile location data, duty logs, and call records, which confirm I
was not present at the scene of the alleged act. I affirm my innocence and request the Hon’ble Court to consider
all evidence and the absence of any direct allegations against me.

Signature:
(Inspector Ravi Singh)
Date: 17 July 2024
AUTOPSY REPORT (AX.2)

Name of Hospital: District Civil Hospital, Versahvali MLC No.: 227/2024

Name of the Deceased: Kalpana Age/Sex: 17 Years / F
Date & Time of Examination: 15 July 2024

I. General Appearance:
Partially disrobed; lower garments dishevelled, body in supine position, lividity present, rigor mortis
developed.

Injuries Noted:

The external examination revealed multiple bruises, approximately 2–3 cm in diameter, on the inner thighs
and upper arms. Horizontal abrasions measuring 1 cm in width and 8 cm in length were present on the neck,
consistent with possible ligature marks. Scratch marks were observed on the forearms and upper back.
Additionally, there were lacerations over the labia minora and posterior fourchette, indicative of recent trauma.
Minor blunt force trauma was noted on the right temple and lower abdomen.

II. Genital Examination & Other Findings:

The internal examination revealed hymenal tears at the 5 and 7 o’clock positions, along with clear signs of
recent penetrative sexual activity. The vaginal swab tested positive for the presence of semen. Additionally,
the vaginal walls exhibited signs indicating that the deceased was habituated to sexual intercourse. Congestion
in the lungs and petechial haemorrhages in the conjunctivae were observed, which are consistent with death
by asphyxia. The hyoid bone was found to be intact. There were also indications of blunt force trauma to the
pelvic region and the head.

III. Vaginal Swab DNA Analysis:

The forensic analysis confirmed the presence of semen in the vaginal swab, with DNA matching Constable
Dinesh, as per the forensic laboratory report Ref. No. 88/2024. Toxicology tests revealed no traces of alcohol
or drugs in the blood, and the results were negative for any sedatives.

Cause of Death: Death due to asphyxiation

Signature: Dr. Seema Roy

(MD, Forensic Medicine)
Reg. No.: ARY/4981
AUTOPSY REPORT (AX.3)

Name of Hospital: District Civil Hospital, Versahvali PMR No.: PM/229/2024

Name of the Deceased: Constable Dinesh Age/Sex: 38 Years / M
Date & Time of Examination: 15 July 2024

Condition of the Body: The body was found in a charred state, with approximately 85% burns, and exhibited
a pugilistic posture due to heat exposure. Rigor mortis was present at the time of examination. Blistering was
noted on the chest and upper limbs.

Visible Injuries (Pre-Burn): A laceration measuring approximately 1.5 cm was present on the forehead,
along with superficial contusions on both forearms. There were no visible signs of injuries caused by sharp
weapons, and no ligature marks or defense wounds were detected.

Respiratory Tract: Soot particles were found in the trachea and bronchi, with carbonaceous material present
in the lungs, indicating that the deceased inhaled smoke during the fire. Lung congestion was also observed.

Digestive Tract: The stomach contained partially digested food. There were no signs of alcohol ingestion
based on odor or stomach contents.

Toxicological Analysis: Blood tests detected traces of alcohol, indicating prior consumption, with an
estimated blood alcohol concentration (BAC) of approximately 0.05%. No sedatives or narcotic substances
were found.

Forensic Findings: DNA extracted from semen traces, as documented in case MLC 227/2024, matched that
of Constable Dinesh. Semen was confirmed to be present on the vaginal swab collected from the deceased
minor, Kalpana.

Immediate Cause of Death: Asphyxia due to smoke inhalation and thermal burns sustained Manner of Death:
Accidental (fire-related)

Signature:

Dr. A.K. Mehra

(MD, Forensic Medicine)
Reg. No.: ARY/4993
District Civil Hospital, Versahvali
Date: 15 July 2024
MEDICO-LEGAL REPORT (AX.4)
Name of Hospital: District Civil Hospital, Versahvali
MLC Nos.: 230/2024
Date & Time of Examination: 15 July 2024

Details Inspector Ravi Sub-Inspector Manoj Verma

Name Ravi Manoj Verma
Age/Sex 46 Years / Male 42 Years / Male
General Conscious, alert, oriented; vitals
Mildly intoxicated, disoriented
Condition stable
Redness and scratch marks on left
Injuries Minor superficial abrasions on right
forearm; contusion (3x2 cm) on right
Observed elbow and left shin
shoulder
Burn/Smoke
None None
Injuries
Neurological No head injury or neurological
Not reported
Signs deficit
Signs of BAC 0.08% — moderate alcohol
None
Intoxication consumption (within 4–6 hours)
Blood & buccal swab collected – no Semen & blood collected – no DNA
DNA Findings
match with victim’s samples match with semen found on victim
No forensic link to sexual assault;
Clinical Assault No evidence of sexual activity or
minor injuries suggest possible
Signs involvement in assault
scuffle
Injuries likely caused while escaping Alcohol presence against duty
Remarks during fire; no signs of assault protocol; potential breach under
involvement investigation

Inspector Ravi, 46, was conscious, alert, and stable during the examination, with minor abrasions on his right
elbow and left shin, likely from escaping the fire. No signs of burns, smoke inhalation, head injury, or
intoxication were present. Forensic analysis found no DNA match with the victim.

Sub-Inspector Manoj Verma, 42, was mildly intoxicated and disoriented, with redness and scratches on his
left forearm and a contusion on his right shoulder, possibly from a scuffle. His BAC was 0.08%, indicating
alcohol consumption while on duty, which breaches conduct. No DNA match was found with the victim, but
his involvement remains under investigation.

Signatures:

Dr. A.K. Mehra

(MD, Forensic Medicine) Reg. No.: ARY/4993
COMBINED MOBILE TOWER LOCATION & CALL RECORD REPORT (AX.5)

Issued by: Aryavrat State Telecom Regulatory Cell

Date of Analysis: 14–15 July 2024
Tower ID Reference:

Kalpana (9123456789): 12:00 PM – 4:00 PM: NRPR-C01

Call Log (Outgoing)

Time Duration Recipient Number Tower Location

12:05 PM 3 min Constable Dinesh 8888111111 NRPR-C01
12:42 PM 2 min Constable Dinesh 8888111111 NRPR-C01
1:15 PM 4 min Constable Dinesh 8888111111 NRPR-C01
2:10 PM 2 min Constable Dinesh 8888111111 NRPR-C01
3:30 PM 3 min Constable Dinesh 8888111111 NRPR-C01
3:45 PM 2 min Kalma (Mother) 9111222333 NRPR-C01
3:55 PM 2 min Kalma (Mother) 9111222333 NRPR-C01

Constable Dinesh (8888111111): 12:00 PM – 4:00 PM: NRPR-C01, 6:30 PM – onwards: KDL-PHQ01

Call Log

Time Type Duration Counterparty Number Tower Location

12:05 PM Incoming 3 min Kalpana 9123456789 NRPR-C01
12:42 PM Incoming 2 min Kalpana 9123456789 NRPR-C01
1:15 PM Incoming 4 min Kalpana 9123456789 NRPR-C01
2:10 PM Incoming 2 min Kalpana 9123456789 NRPR-C01
3:30 PM Incoming 3 min Kalpana 9123456789 NRPR-C01
3:47 PM Outgoing 1 min Kalpana 9123456789 NRPR-C01
3:57 PM Outgoing 1 min Kalpana 9123456789 NRPR-C01

Inspector Ravi (9999988888): 6:45 PM – 11:30 PM: KDL-PHQ01, 12:00 AM – 5:30 AM: VRS-PS01

Call Log

Time Type Duration Recipient Tower Location

7:05 PM Outgoing 2 min Station Control KDL-PHQ01
8:20 PM Incoming 1 min SI Manoj KDL-PHQ01
9:00 PM Outgoing 3 min Duty Log Officer KDL-PHQ01
10:15 PM Incoming 2 min Patrol Unit KDL-PHQ01
12:30 AM Incoming 1 min Versahvali SHO VRS-PS01

SI Manoj Verma (9122222222): 6:50 PM – 11:45 PM: KDL-PHQ01, 12:10 AM – 5:45 AM: VRS-PS01

Call Log (Internal Communication)

Time Type Duration Recipient Tower Location

7:15 PM Outgoing 2 min Inspector Ravi KDL-PHQ01
 Time Type Duration Recipient Tower Location
8:45 PM Incoming 1 min SHO Versahvali KDL-PHQ01
9:30 PM Outgoing 3 min Station Diary Cell KDL-PHQ01
10:05 PM Outgoing 2 min Duty Officer KDL-PHQ01
1:00 AM Incoming 1 min Night Dispatch VRS-PS01

Kalma (9111222333): 12:00 PM – 5:00 PM: NRPR-C01,No communication post 6:00 PM

Call Log

Time Duration Caller Number Tower Location

3:45 PM 2 min Kalpana 9123456789 NRPR-C01
3:55 PM 2 min Kalpana 9123456789 NRPR-C01

Filed under certification of Section 63 of Bharatiya Sakshya Adhiniyam, 2023

Certified by:
Telecom Forensics Division
Date: 17 July 2024