FINAL LUDHIANA MOOT APPELLANT Edited (1) (1) Punjab

1|Page MEMORIALONTHEBEHALFOFAPPELLANT
1st NATIONAL MOOT COURT COMPETITION, 2019
TEAM CODE: PURC 14
IN THE HON’BLE SUPREME COURT
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO._____OF 2019
PRAKASH JAVEDKAR
(APPELLANT)
Versus
GANESH GAITONDE
(RESPONDENT)
(UNDER ARTICLE 136 OF THE CONSTITUTION)
MEMORIAL ON THE BEHALF OF APPELLANT

TABLE OF CONTENTS
1. LIST OF ABBREVIATIONS…………………………………………………3-4
2. INDEX OF AUTHORITIES………………………………………………….5-7
3. STATEMENT OF JURISDICTION…………………………………………8
4. STATEMENTS OF FACTS………………………………………………….9-10
5. ISSUES RAISED……………………………………………………………...11-12
6. SUMMARY OF ARGUMENTS……………………………………………..13-14
7. ADVANCED ARGUMENTS.………………………………………………..15-34
8. PRAYER……………………………………………………………………….35
[LIST OF ABBREVIATION]
➢ AIR All India Reporter

➢ All Allahabad High Court
➢ Cri LJ / Cr LJ Criminal Law Journal
➢ Cr.P.C. Code of Criminal Procedure
➢ Del. Delhi
➢ Edn. Edition
➢ Guj. Gujarat
➢ ILR Indian Law Reports
➢ IPC Indian Penal Code
➢ IC Indian Cases
➢ Mad Madras
➢ NCRB National Crime Records Bureau
➢ Ori Orissa
➢ P&H Punjab and Haryana High Court
➢ Pat Patna
➢ Hon’ble Honourable
➢ SC Supreme Court
➢ Sec. Section
➢ Art. Article
➢ SLP Special Leave Petition
➢ Raj. Rajasthan
➢ W.B. West Bengal
➢ Mah. Maharashtra
➢ T.N. Tamil Nadu
➢ Pun. Punjab
➢ U.P. Uttar Pradesh
➢ M.P. Madhya Pradesh
➢ KB Kings Bench
➢ A.P. Andhra Pradesh
➢ Lah. Lahore
➢ WLR Weekly Law Reports
INDEX OF AUTHORITIES
 Abdul Majid v Emperor AIR 1927 LAH. 735 (2)

 Anita Kushwaha v. Pushap Sudan, (2016) 8 SCC 509
 Bishnu Deo Shaw v. State of WB 1979 AIR 964
 Brathi v. State of Punjab AIR 1991 SC 318
 C.E v Standard Motor Products, (1989) AIR 1298.
 Chandra Bansi Singh v. State of Bihar, (1984) 4 SCC 316
 Chandrappa v. State Of Karnataka AIR 2007 SC (SUPP) 111
 Dalbir Kaur v. State of Punjab, AIR 1977 SC 472
 Dale & Carrington Investment Ltd. v. P.K. Prathapan (2005) 1 SCC 212.
 D e l h i J u d i c i a l S e r v i c e A s s o c i a t i o n v s . S t a t e o f G u j a r a t 1991 AIR 2176,
1991 SCR (3) 936
 Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520
 Govt. of NCT of Delhi v. Jaspal Singh, (2003) 10 SCC 586.
 Janshed Hormusji Wadia v Board of Trustees, Port of Mumbai (2004)3 SCC 214.
 Joseph v. State of Kerala 2000 (5) SCC 197
 Lal Mandi v. State of W.B., (1995) 3 SCC 603
 Laxman v. State of Rajasthan (1997) 2 Crimes 125 (Raj).
 Mahendra Saree Emporium (II) v. G.V. Srinivasa Murthy, (2005) 1 SCC 481
 Mohd. Iqbal and another v. State of Jharkhand 2013, 14 SCC 481
 Mousam Singha Roy v. State of West
Bengal, (2003) 12 SCC 377 AIR 1983 SC
187
 Mulk Raj v. State of U.P. AIR 1959 SC P.902.
 Narayan Singh Case AIR 1985 SC P.1678
 Narayan Singh v. State of MP AIR 1985 SC 26, 1985 4 SCC 26
 Natha v The Crown AIR 1923 Lah. 536
 Piara Singh and others v. State of Punjab AIR 1977 SC 2274
 Piara Singh v. State of Punjab 1977 4 SCC 459
 Prabhakar Adsule v. State of M.P., (2004) 11 SCC 249
 Pratap Misra and others v. State of Orrisa 1977 3 SCC 41
 R v. Osborne 74 LJ KB 311; 1905 1 KB 551; 92 LT 293

 Rafiq v. State of U.P., (1980) 4 SCC 262
 Raj Kapoor v. State, (2009) 2 Crimes 297 (Chha);
 Ram Bharosey v. State of U.P. (2010) 1 SCC 722
 Ram Krishan Nagesh v. State of AP 2013 11 SCC 688
 Ramlal v. State of Himachal Pradesh 2006 Cri. LJ 939
 Regina v. billam and others 1986 1WLR349
 Sakshi v. Union of India, AIR 2004 SC 3566
 Santosh Kumar v. State of M.P., AIR 2006 SC 3098
 Shanmugham D.V. v. Stae of Madhya Pradesh, AIR 1997 SC 2583
 Sheikh Zakhir v. Stae of Bihar, (1983) 4 SCC 10
 Sir Chunilal Mehta and Sons. Ltd. v. Century Spinning and Manufacturing Co. Ltd.
(1962) AIR 1314.
 State of Andhra Pradesh v. Polamala Raju, AIR 2000 SC 2854
 State of Gujrat v. Naginbhai Dhulabhai Patel AIR 1983 SC 839
 State of Maharashtra V. Chandraprakash Keval Chand Jain 1990 1 SCC 550
 State of MP v. Dayal Sahu 2005 8 SCC 122
 State of MP v. Dayal Sahu 2005 8 SCC 122
 State of Punjab v. Gurmit Singh and Others 1996 AIR 1393, 1996 SCC (2) 384
 State Of Punjab vs Gurmit Singh & Ors 1996 AIR 1393, 1996 SCC (2) 384
 State of Rajasthan v. N.K., AIR 2000 SC 1812
 State Of Rajasthan vs N. K.2000 SCC Cri 898
 State of U.P. v. Rajanath AIR 1983 SC 187
 State of UP v. Ashok Dixit 2000 (3) SCC 770
 State of UP v. Babul Nath 1994 SCC (6) 29 :1995 (1) CCC 17.
 Tarkeshwar Sahu v. State of Bihar JT 2006 12 SC 559
 Union Carbide Corporation v. Union of India, (1991) 4 SCC 584.
 Vishnu v. State of Maharashtra (2014) 1 SCC 516
BOOKS
❖ Ratanlal & Dhirajlal’s Law of Crimes – A Commentary on The Indian Penal Code, Vol I,
Bharat Law House, Delhi, 27 Edn., 2013
❖ Ratanlal & Dhirajlal’s Law of Crimes – A Commentary on The Indian Penal

Code, Vol II, Bharat Law House, Delhi, 27 Edn., 2013
❖ Justice V. V. Raghavan, Law of Crimes, India Law House, New Delhi, 5th Edn. 2001.
❖ K I Vibhute, P.S.A Pillai’s Criminal law, Lexis Nexis, 12th Edn. 2014.
❖ Dr. (Sir) Hari Singh Gour, Penal Law of India, Law Publishers (India) Pvt.
Ltd., 11th Edition, 2011
J C Smith, Smith and Hogan Criminal Law – Cases and Materials, LexisNexis
Butterworths, 8TH Edn, 2007
❖ C K Thakker ‘Takwani’, Criminal Procedure, Lexis Nexis, 3rd Edition, 2013
❖ S.N. Misra, The Code Of Criminal Procedure, Centeral Law Publications, 18th
Edn.,2013
❖ R.V. Kelkar, Criminal Procedure, Eastern Book Company, 5th Edn., 2008
❖ Ratanlal And Dhirajlal, The law Of Evidence, lexis Nexis, 24th Edn., Nagpur., 2011
❖ M. Monir, The Law Of Evidence, 14th Edition, Universal Law Publishing Co. Ltd, 2011
STATUTES :
❖ Indian Penal Code, 1860.
❖ The Indian EvidenceAct, 1872.
❖ The Code of Criminal Procedure, 1973

LEGAL DATABASES
❖ SCC Online
STATEMENT OF JURISDICTION
Criminal Appeal under Article 136:
THE APPELLANT IN THE PRESENT CASE HAS BEEN EMPOWERED BY ARTICLE

136 OF THE CONSTITUTION OF INDIA, TO INITIATE THE PRESENT
APPEAL IN THE HON’BLE SUPREME COURT OF INDIA. THE APPELLANT
MOST HUMBLY AND RESPECTFULLY SUBMITS TO THE JURISDICTION OF THE
HON’BLE SUPREME COURT IN THE PRESENT MATTER.
Article 136 - Article 136 in The Constitution of India
136. Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any court or tribunal in the territory of India
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed
or made by any court or tribunal constituted by or under any law relating to the Armed Forces
STATEMENT OF FACTS
BACKGROUND
Isha Javedkar, the victim, a girl aged 11 years lived with her family in Borrevali, Mumbai. Within
the same locality lived the family of Respondent, Ganesh Gaitonde, a medical college graduate.
Both the families shared a cordial relationship with each other.
INCIDENT
On 31/5/2012 Isha received a call from Richa, niece of the respondent around 4 or 5pm stating
that her mother wanted her to come to her house. On reaching there with her younger brother,
Isha found no one except the respondent and his niece. On his direction Richa left out the room
with Isha's younger brother. Then Respondent fastened the door and stripped off himself and took
off the victim's clothes. Respondent asked her to do fellatio after which he cuddled the victim and
slightly inserted his penis into her vulva, then started sucking her lips. After a moment the
respondent turned loose the victim but again for fulfilling his thrust, he laid down the girl on sofa
and closed her mouth to mute her. When the victim was leaving the room, the Respondent
threatened her to not to disclose anything about the incident, otherwise the elder brother of the
Respondent who is Superintendent of Police would brutally beat her parents. Isha narrated the
whole incident to Richa. In the evening she told her mother that the respondent asked her to suck
his private part, not disclosing the whole incident. Richa told Isha that the Respondent used to do
the same thing with her. Lata Joshi, tenant in Javedkar’s house, found the girls whispering and
asked the matter to which Isha narrated the incident to her and other girls. On the third day Isha
told the entire Incident to her mother.
At night when the Appellant, Prakash Javedkar, father of the victim learned about the occurrence,
rushed to the Respondent’s house with Mrs. Javedkar, Tulsi (sister of Appellant), Shalesh Singh
and Shalendra Kaur (neighbors). After mid-night, the Respondent returned home and realizing
the heat of the moment, he voluntarily confessed his crime admitting that he committed similar
offence with Richa, Kukko and other girls in the locality but being a doctor, he was careful
enough not to rupture their hymn.
10 | P a g e MEMORIALONTHEBEHALFOFAPPELLANT
Next morning, Prakash Javedkar informed Sooryavansham about the incident to which the
Respondent again confessed his act stating that, “I have raped the girl, but I have not ruptured her
hymn. You should not be perplexed, I know what are my limits, I am a doctor. You need not to
go to any doctor”.
MEDICAL REPORT
The medical report said that there was an abrasion on the medial side of labia majora and redness
around the Labia minora with a white discharge. Dr. prepared a slide of white discharge which
did not reveal any seminal stains in the virginal smear. Hymen was intact and admitted tip of
little finger. Labia majora was about 1-1/2" in length and did not have any crest.
According to the medical report of the respondent, he was a virile person and capable of
performing sexual inter-course without any injury.
JUDGEMENT BY THE L.D. TRIAL COURT
The L.D. Trial Court acquitted the accused on lack of evidences in support of allegations labelled by
the prosecution for offence under Section 376 of IPC and arrived at a conclusion that the prosecution
launched against the Respondent on account of some enmity between the two families.
JUDGEMENT BY HON’BLE HIGH COURT
The Hon’ble High Court while relying upon the statements and evidences found the accused
guilty under Section 354 of Indian Penal Code and pronounced Simple Imprisonment for 6
months with a fine of Rs. 3000. Out of which Rs. 2000 is paid over as compensation to Prakash
Javedkar, if collected.
CRIMINAL APPEAL
Aggrieved by the judgment of Hon’ble High Court, Appellant (father of the victim) filed an appeal
before the Hon’ble Supreme Court of India.
ISSUE RAISED
1)WHETHER APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

MAINTAINABLE OR NOT?
1.1. THE MATTER INVOLVES QUESTION OF GENERAL PUBLIC IMPORTANCE.
1.2. THERE HAS BEEN A GRAVE MISCARRIAGE OF JUSTICE.
1.3. THE MATTER INVOLVES SUBSTANTIAL QUESTION OF LAW AND HENCE
ENTITLED TO BE MAINTANABLE
1.4. RE-APPRECIATION OF EVIDENCE IS POSSIBLE.
2) WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

OFFENCE UNDER SEC. 354 OF IPC OR NOT?
2.1- PRESENCE OF ALL THE INGREDIENTS TO FULFIL THE REQUIREMENTS OF SEC.

376 OF IPC.
2.2- REPORT BY THE DOCTOR IS IN CORROBORATION WITH PROSECUTION
3) WHETHER THE EXTRA JUDICIAL CONFESSION IS ADMISSIBLE OR NOT?
3.1- ADMISSIBILITY OF EXTRA JUDICIAL CONFESSION
3.2 WITNESS TESTIMONY: CORROBORATION NOT NEEDED
4) WHETHER THE FINE IMPOSED BY HON’BLE HIGH COURT WAS SUFFICIENT

OR NOT?
4.1- THE OFFENCE CAUSED EMOTIONAL AND PSYCHOLOGICAL TRAUMA TO THE
VICTIM AND HER FAMILY.
4.2 - CONSIDERING THE GRAVITY OF OFFENCE MAXIMUM PUNISHMENT
SHOULD BE PROVIDED
5) WHETHER THE RAPE AGAINST MINOR GIRL BELOW THE AGE OF 12

WOULD AMOUNT TO DEATH PENALTY OR NOT?
5.1-INCREASE IN OFFENCE OF RAPE AGAINST MINOR GIRLS
5.2- RETROSPECTIVE OPPERESSION OF CRIMINAL LAW IN CASE OF HEINOUS

OFFENCES
SUMMARY OF ARGUMENTS
1) WHETHER THE APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

MAINTAINABLE OR NOT?
It is humbly submitted before this Hon’ble Court that the Special Leave Petition against the
judgment of the Hon’ble High Court is maintainable under Article 136 of the Constitution of
India. It is contended that the jurisdiction of Supreme Court under Article 136 can always be
invoked when a question of law of general public importance arises and even question of fact
can also be a subject matter of judicial review under Art.136.
2) WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

OFFENCE UNDER SEC 357 OF IPC OR NOT?
It is humbly submitted before the Hon'ble Court that the accused stripped off the victim's
clothes, asked her to do fellatio, pinned her close, slightly inserted his penis into her vulva and
threatened her not to disclose this incident. The Hon'ble High Court convicted the accused for a
minor offence under Sec. 354, although all the ingredients fulfilling the nature of Sec. 376 of
IPC are present. Furthermore, the accused also made an extra judicial confession admitting the
act, stating that he also committed the similar act with other girls from the same locality.
3)WHETHER THE EXTRA JUDICIAL CONFESSION IS ADMISSIBLE OR NOT?
It is humbly submitted before Hon’ble court that the extra judicial confession made by the
accused is admissible and does not need corroboration. The testimony of witnesses is reliable as
the witnesses did not have any interest in the trial. An extra- Judicial confession, if voluntary
can be relied upon by the court along with other evidence in convicting the accused
4) WHETHER THE FINE IMPOSED BY HON'BLE HIGH COURT WAS SUFFICIENT

OR NOT?
It is humbly submitted before the Hon'ble Court that traumatic event left both short term and
long-term agony over the victim and her family. The sexual abuse can impact the adjustment of
the child victim throughout the development. Therefore, considering the gravity of the offence,
the fine imposed by the Hon'ble High Court is grossly inadequate.

It is humbly submitted before the Hon'ble High Court that increase in number of offences
against children below 12 years of age, shows the urgent need to bring reform in rape laws. It is
not only an injury to the victim’s body but also exploits her mind and soul. Hence, to restore the
faith of people on the judicial system and to bring fear in mind of the offenders strict laew is
needed.
ARGUMENTS ADVANCED
1- WHETHER THE APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

MAINTAINABLE OR NOT
¶-It is humbly submitted that the Special Leave Petition against the judgment of Hon’ble
High Court is maintainable under Article 136 of the Constitution of India. It is contended
that the jurisdiction of Supreme Court under Article 136 can always be invoked when a
question of law of general public importance arises and even question of fact can also be a
subject matter of judicial review under Art.136.
¶-The jurisdiction conferred under Art. 136 on the SC is a corrective one and not a
restrictive one. A duty is enjoined upon the SC to exercise its power by setting right the
illegality in the judgments is well-settled that illegality must not be allowed to be perpetrated
and failure by the SC to interfere with the same would amount to allowing the illegality. It
has been held by this Hon’ble Court that when a question of law of general public
importance arises, or a decision shocks the conscience of the court, its jurisdiction can
always be invoked. Article 136 is the residuary power of SC to do justice where the court is
satisfied that there is injustice to be perpetuated. In the present case, the question of law
involved in appeal is of recurring nature which has been raised in plethora of cases. Hence,
it is humbly submitted before this Hon’ble Supreme Court of India that the matter involves
substantial question of law and hence entitled to be maintainable.
¶-In D e l h i J u d i c i a l S e r v i c e A s s o c i a t i o n v s . S t a t e o f G u j a r a t 1 , it was

contended by the Supreme Court that: -
“Under Article 136 there is no room for any doubt that this Court has wide power to
interfere and correct the Judgment and orders passed by any court or Tribunal in the
country. In addition to the appellate power, the Court has special residuary power to
entertain appeal against any order of any court in the country. The plenary jurisdiction of
this Court to grant leave and hear appeals against any order of a court or Tribunal, confers
1
1991 AIR 2176, 1991 SCR (3) 936
power of judicial superintendence overall the courts and Tribunals in the territory of India
including subordinate courts of Magistrate and District Judge. This Court has, therefore,
supervisory jurisdiction over all courts in India.”
1.1- THE MATTER INVOLVES QUESTION OF GENERAL PUBLIC IMPORTANCE

¶- It has been held by this Hon’ble Court that when a question of law of general public
importance arises, or a decision shocks the conscience of the court, its jurisdiction can
always be invoked. Article 136 is the residuary power of SC to do justice where the court is
satisfied that there is injustice2 The principle is that this court would never do injustice nor
allow injustice being perpetrated for the sake of upholding technicalities.3
¶- In the case of Chandra Bansi Singh v. State of Bihar4 it has been adjudged by this
Hon’ble Court that the Supreme Court is not only a court of law but also a court of equity. It
has been well settled by various other case laws that, if approached, the Supreme Court can
interfere in order to prevent injustice5 and errors of law.6 ¶- In the case in hand, the victim
who was minor was raped (which has been proved in subsequent issues) by the accused. But
the Hon’ble High Court without taking recourse to the material brought before it acquitted
the accused which led to the injustice done to the complainant. This has disturbed the public.
Hence, the matter concerned is of great public importance and the same was reiterated by the
High court.
1.2- THERE HAS BEEN GRAVE MISCARRIAGE OF JUSTICE.
¶- It is humbly submitted that the High Court’s judgment has resulted in complete
miscarriage of justice. In situations arising where the High Court is shown to have
2
C.C.E v Standard Motor Products, (1989) AIR 1298.
3
Janshed Hormusji Wadia v Board of Trustees, Port of Mumbai (2004)3 SCC 214.
4
Chandra Bansi Singh v. State of Bihar, (1984) 4 SCC 316
5
Mahendra Saree Emporium (II) v. G.V. Srinivasa Murthy, (2005) 1 SCC 481; See also Durga Shankar Mehta v.
Thakur Raghuraj Singh, AIR 1954 SC 520; Union Carbide Corporation v. Union of India, (1991) 4 SCC 584.
6
Rafiq v. State of U.P., (1980) 4 SCC 262
completely failed in appreciating the true effect of the materials brought on record and its
findings are erroneous, perverse and result in the miscarriage of justice, the Supreme Court
will have no hesitation to interfere in circumstances where the High Court has reduced the
quantum of punishment in a verdict of conviction under a total misconception of the
principle of law as well as the vital and essential facts.7
¶- It is submitted that in the present case the High Court has acted perversely while
appreciating the evidence. The conclusions of the High Court are manifestly perverse and
unsupportable from the evidence on record. Hence, where the consideration of evidence by
High Court is not proper the Hon’ble Supreme court can interfere in fact finding in a
criminal case.8 In the present matter, the High Court has acted arbitrarily in the exercise of
its discretionary power which led to the injustice done to the complainant.
¶- When the High Court departed from the rule of prudence while appreciating the evidence,
interference by the Supreme Court is justified.9 Hence, the Hon’ble Supreme Court can
interfere in the fact finding.
¶- In State of U.P. v. Rajanath10, the Hon’ble Supreme Court held that the order of
acquittal had resulted in the manifest miscarriage of justice because the High Court did not
make any attempt to evaluate the extra judicial confession made by the accused and the
corroborative evidence of witness properly. Accordingly, the order of the High Court was
set aside, and it was directed to dispose of appeal afresh after evaluating the evidence.
1.3 THE MATTER INVOLVES SUBSTANTIAL QUESTION OF LAW AND

HENCE ENTITLED TO BE MAINTAINABLE
¶- Where findings are entered without considering relevant materials and without following
proper legal procedure, the interference of the Supreme Court is called for11.
7
Govt. of NCT of Delhi v. Jaspal Singh, (2003) 10 SCC 586.
8
Lal Mandi v. State of W.B., (1995) 3 SCC 603
9
Mousam Singha Roy v. State of W. B., (2003)
12 SCC 377 AIR 1983 SC 187
10
AIR 1983 SC 187
11
Dale & Carrington Investment Ltd. v. P.K. Prathapan (2005) 1 SCC 212.
The expression "substantial question of law" is not defined in any legislation. Nevertheless,
it has acquired a definite connotation through various judicial pronouncements. A
Constitution Bench of the Apex Court, while explaining the importance of the said
expression, observed that:
“The proper test for determining whether a question of law raised in the case is substantial
would, in our opinion, be whether it is of general public importance or whether it directly
and substantially affects the rights of the parties and if so whether it is either an open
question in the sense that it is not finally settled by this Court or by the Privy Council or by
the Federal Court or is not free from difficulty or calls for discussion of alternative views12.”
¶- In the present case, the question of law involved in appeal is of recurring nature which
has been raised in plethora of cases. The victim’s fundamental right i.e. right to access to
justice conferred under Article 14 and Article 2113of the Constitution of India is effected by
the arbitrary decision of the Hon’ble High Court. Hence, it is humbly submitted before this
Hon’ble Supreme Court of India that the matter involves substantial question of law and
hence entitled to be maintainable.
1.4- RE-APPRECIATION OF EVIDENCE IS POSSIBLE
¶- The Supreme Court can re-appraise evidence to disturb the concurrent finding of the facts
if the interest of justice so demands.14 It is submitted that the Supreme Court should re-
appraise facts in order to prevent miscarriage of justice.15
¶- The Hon’ble Supreme Court in Chandrappa v. State Of Karnataka16, culled out the
following principles regarding powers of the appellate court while dealing with an appeal
against an order of acquittal:
12
Sir Chunilal Mehta and Sons. Ltd. v. Century Spinning and Manufacturing Co. Ltd. (1962) AIR 1314.
13
Anita Kushwaha v. Pushap Sudan, (2016) 8 SCC 509
14
Shanmugham D.V. v. Stae of M. P., AIR 1997 SC 2583
15
Prabhakar Adsule v. State of M.P., (2004) 11 SCC 249
16
AIR 2007 SC (SUPP) 111
(1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon
which the order of acquittal is founded,
(2) The Cr.P.C. 1973, puts no limitation, restriction and condition on exercise of such 17power,
(3) An Appellate Court on the evidence before it may reach its own conclusion, both on
question of facts and of law.
¶- Therefore, the counsel on the behalf of appellant contended for the re-appraisal, re-
consideration of the evidence so that miscarriage of justice done to the complainant can be
avoided.
2- WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

OFFENCE UNDER SEC. 354 OF IPC OR NOT?
¶- It is humbly submitted before the Hon’ble Court that the accused stripped off the victim’s
clothes, asked her to do fellatio, pinned her clothes, slightly inserted his penis into her vulva
and threatened18 her not to disclose this incident. The Hon’ble High Court convicted the
accused for a minor offence under Sec 354, although all the ingredients fulfilling the nature
of Sec 376 of IPC are present.
¶- In the present case, the accused committed the crime with full intention of penetration
without rupturing the hymen. [2.1] Even the slightest penetration will amount to rape. Non
Existence of injury in the Medical Report is immaterial. [2.2]

2.1- PRESENCE OF ALL INGREDIENTS TO FULFIL THE REQUIREMENT OF
SEC. 376

17
18
Section-503 of IPC- Criminal intimidation. —Whoever threatens another with any injury to his person, reputation
or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to
that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which
that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim-
idation. Explanation. —A threat to injure the reputation of any deceased person in whom the person threatened is
interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit,
threatens to burn B’s house. A is guilty of criminal intimidation. Sec. 506 of ipc- Punishment for criminal
intimidation
¶- It is most humbly submitted before the Hon’ble Court that accused has committed
severe crime of rape with a prepubescent girl. The fact that on instruction of the
Respondent, his niece left the room with victim’s younger brother, leaving the victim alone
with the Respondent, clearly shows that it afforded the opportunity to the accused to
commit the offence.
Section 7 of Evidence Act, states that Facts which are the occasion, cause or effect of facts
in issue.—Facts which are the occasion, cause, or effect, immediate or otherwise, of
relevant facts, or facts in issue, or which constitute the state of things under which they
happened, or which afforded an opportunity for their occurrence or transaction, are
relevant.
¶- It is most humbly submitted before the Hon’ble Court that the shortly after the
commission of the act, the victim made a complaint of it to the niece of the Respondent,
relevant under Section 8 of Evidence Act.
¶- Sec. 8 of Evidence Act, states that any fact is relevant which shows or constitute a motive
or preparation for any fact in issue or relevant fact.
¶- In R v. Osborne19 the court permitted the complaint by a minor (aged 12) to another

minor (aged 11). It held that
“Evidence of recent complaint could be given in a case where consent was not an issue by
virtue of the complainant being under the age of consent”
¶- It is submitted before the court that the Respondent asked the victim for fellatio. He also
slightly inserted his penis into the victim’s vulva.
In Dr. R.M. Jhala’s text book of Medical Jurisprudence, the following passage is found-
“Even a slight penetration in the vulva is sufficient to constitute the offence of rape and
rupture of hymen is not necessary. Vulva penetration with or without violence is as much
rape as vaginal penetration. The statute merely requires medical evidence of penetration,
and this occurs with hymen remaining intact. The actus reas is complete with penetration,
emission is not relevant.[1]
The slightest penetration of penis within the vulva with or without emission of semen or
rupture of hymen constitutes rape. There need not to be intercourse and the act may not be
19
74 LJ KB 311; 1905 1 KB 551; 92 LT 293
completed. Rape can occur without causing any injury and hence negative evidence does
not exclude rape.”
¶- In Tarkeshwar Sahu v. State of Bihar20, the court held that

“Slightest penetration is sufficient for conviction under Sec. 376 under IPC. Also, where the
penetration was proved but not of such a depth as to injure the hymn, still it was held to be
sufficient to constitute the crime of rape. The view has been taken that “Proof of the rupture
of hymn is unnecessary.
The penetration may not always result in tearing of the hymen and the same will always
depend upon the facts and circumstances of a given case. The court must examine the
evidence of the prosecution in its entirety and then see its cumulative effect to determine
whether the offence of rape has been committed or it is a case of criminal sexual assault or
criminal assault outraging the modesty of the girl.21
¶- In State of UP v. Babul Nath22 sexual assault was committed on the victim, a girl about
the age of 5 years. The High Court acquitted the accused. In appeal, the Supreme Court was
constrained to observe that the acquittal of the accused was totally unmerited and such
unmerited acquittals, particularly in crimes against girl child encourage the criminals. The
court then said, “The courts have, therefore, to be sensitive while dealing with such cases but
the High Court in the case appears to be far from being sensitive while appreciating the
material on record”.
There is no rule of law that testimony cannot be acted without corroboration in material
particulars. Her testimony has to be appreciated on the principle of probabilities just as the
testimony of any other witness; a high degree of probability having been shown to exist in
view of the subject matter being a criminal charge. 23
¶- The Evidence Act nowhere says that evidence of the victim cannot be accepted unless it
is corroborated in material particulars. She is undoubtedly a competent witness under section
20
JT 2006 12 SC 559
21
Ram Krishan Nagesh v. State of AP 2013 11 SCC 688
22
1994 SCC (6) 29 :1995 (1) CCC 17.
23
State Of Rajasthan vs N. K.2000 SCC Cri 898
11824 and her evidence must receive the same weight as is attached to an injured in cases of
physical violence. The same degree of care and caution must attach in the evaluation of her
evidence as in the case of any injured complainant or witness and no more.25
2.2-NON-EXISTENCE OF INJURY IN MEDICAL REPORT IS IMMATERIAL
¶- It is most humbly submitted before the hon’ble court that the nonexistence of injury on the
victim is immaterial for the offence to constitute rape. It could not be said that mere absence
of the injury either on the person or private parts of the girl would be an indication of
innocence of the accused.
¶- Mere because the medical reports do not mentioned about injury on the private part, its
reliance is not reduced. It is quite possible to commit legally the offence of rape without
producing any injury to the genitals or leaving any seminal stains. 26 The absence of
spermatozoa or seminal stains either on the thighs, salwar, panty, or on the glans penis is of
no avail to the accused.27
¶- No injury found on the accused body. This under the circumstance does not militate
against the truth of the prosecution’s story.28
¶-To constitute the penetration, it must be proved that some part of the virile member of the
accused was within the labia of the pudendum of the woman, no matter how little. 29 The
24
Who may testify—All persons shall be competent to testify unless the Court considers that they are prevented from
understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme
old age, disease, whether of body or mind, or any other cause of the same kind.
Explanation. — A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the
questions put to him and giving rational answers to them.
25
State of Maharashtra V. Chandraprakash Keval Chand Jain 1990 1 SCC 550
26
JAI SINGH P MODI, MEDICAL JURISPRUDENCE AND TOXICOLOGY, 729 (12TH ED. 1998); See also
Aman Kumar v. State of Haryana, 2004 CrL.J 1399.
27
Raj Kapoor v. State, (2009) 2 Crimes 297 (Chha); See also Santosh Kumar v. State of M.P., AIR 2006 SC 3098;
See also State of Rajasthan v. N.K., AIR 2000 SC 1812; See also Sheikh Zakhir v. Stae of Bihar, (1983) 4 SCC 10
28
Abdul Majid v Emperor AIR 1927 LAH. 735 (2)
29
Natha v The Crown AIR 1923 Lah. 536
redness on the labia minora, abrasion on labia majora and labia minora admitted the little
finger shows that slight penetration was done.
¶- It is submitted before the court that the Medical Report of Dr. Issa mentioned that there
was an abrasion on the medial side of labia majora about 1-1/2” in length, redness present
around the labia minora with a white discharge, and hymen was intact and admitted the tip of
little finger. Furthermore, the statement by the Doctor that redness and white discharge is
maybe due to infection is merely an assumption.
¶- In textbook of Forensic Medicine and Toxicology by Gautam Biswas, the following

passage about Rape on children states –
As the hymen is deeply situated and the vagina is less capacious, it is impossible of the penis
to take place. Usually the penis is placed either within the vulva or between the thighs. As
such, the hymen I usually intact, and there maybe little redness and tenderness of the vulva.
¶- It is submitted that there were no seminal stains found in the virginal smear. The test took
place after 5 days of the occurrence of incidence. Seminal stains can only be present for 72
hours but the victim was examined after 5 days of incident which usually doesn’t show the
exact report of the seminal stains. It will erroneous to rely completely on the doctor’s report.
Vishnu v. State of Maharashtra30 – The supreme court has observed that-
“the opinion of medical officer is to assist the court as he is not a witness of fact and the
evidence given by him is really of an advisory character and not annihilatory of the witness
of fact.”
¶- Modi in Medical Jurisprudence and Toxicology (Twenty First Edition) at page 369
which reads as:
Thus, to constitute the offence of rape it is not necessary that there should be complete
penetration of penis with emission of semen and rupture of hymen. Partial penetration of the
penis within the labia majora or the vulva or pudenda with or without emission of semen or
even an attempt at penetration is quite sufficient for the purpose of the law. It is therefore
30
(2014) 1 SCC 516
quite possible to commit legally the offence of rape without producing any injury to the
genitals or leaving any seminal stains. In such a case the medical officer should mention the
negative facts in his report, but should not give his opinion that no rape had been committed.
Rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be
made by the medical officer treating the victim. The only statement that can be made by the
medical officer is that there is evidence of recent sexual activity. Whether the rape has
occurred or not is a legal conclusion, not a medical one.
¶- If the Court acquits the accused on benefit of doubt, it should be cautious to see that the
doubt should be a reasonable doubt and it should not reverse the findings of the guilt on the
basis of irrelevant circumstances or mere technicalities31
Hence absence of injuries on the victim’s body is immaterial. There is no force in the
contention that if there was any forcible sexual intercourse, it would have resulted in some
injuries upon the prosecutrix. Presence of injuries are not always a sine qua non to prove a
charge of rape. It has to be kept in the mind that the case under consideration is one of rape
on a girl child and not on a grown up woman.32
¶- Courts used to take the position that if there were no proof of physical assault there would
be no rape. The presumption that if no physical injury is evident on the victim, no sexual
intercourse has taken place or rape has not been committed, ignores the fact that rape is not
only an offence involving physical violence, but also psychological violence. This too when
existing laws recognize mental agony and psychological violence as offences against the
body. The victim of rape besides being physically ravished is psychologically wounded.
“Sexual intercourse: In law, this term is held to mean the slightest degree of penetration of
the vulva by the penis with or without emission of semen. It is therefore, quite possible to
commit legally the offence of rape without producing any injury to the genitals or leaving
any seminal stains.”33
31
State of MP v. Dayal Sahu 2005 8 SCC 122
32
State of UP v. Ashok Dixit 2000 (3) SCC 770
33
Article by Meenu, 2000 2 SCC 44
In the first place, it is well settled that the medical jurisprudence is not an exact, science and
it is indeed difficult for any Doctor to say with precision and exactitude as to when a
particular injury is caused.34
3)WHETHER THE EXTRA JUDICIAL CONFESSION IS ADMISSIBLE OR NOT?
¶- It is humbly submitted before the Hon’ble Court that the Respondent confessed his act
stating that “I have raped the girl, but I’ve not ruptured her hymen. You should not be
perplexed, I know what are my limits, I am a doctor. You need not to go to any Doctor.”
He confessed his commission twice. First, in front of the parents of the victim and other
neighbours, second, in front of his parents, in his own house. Respondent voluntarily
confessed his act twice. Hence, he made an extra judicial confession.
Extra judicial confession is admissible under the Indian Evidence Act, 1872. Under Sec. 24
of IEA, 187235, if confession made voluntarily, it will admissible by court.
¶- An extra judicial confession, if it is voluntarily truthful, reliable and beyond reproach, is

an efficacious piece of evidence to establish the guilt of the accused and it is not necessary
that the evidence of extra judicial confession should be corroborated on material facts.36
¶- Rejecting the view of trial courts in this case, mere allegation of threat or inducement is
not enough; in the court’s opinion, such inducement must be sufficient to cause a reasonable
belief in the mind of the accused that by so confessing, he would get an advantage.37
34
Pratap Misra and others v. State of Ori.1977 3 SCC 41
35
Section 24- Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding – A
confession made by an accused person is irrelevant in criminal proceeding, if the making of the confession appears to
the court to have been caused by any inducement, threat or promise, having reference to the charge against the
accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused
person grounds which would appear to him reasonable for supposing that by making it, he would gain any advantage
or avoid any evil of a temporal nature in reference to the proceedings against him.
36
Laxman v. State of Raj. (1997) 2 Crimes 125 (Raj).
37
Ramlal v. State of Himachal Pradesh 2006 Cri. LJ 939
Respondent was a freeman when he made the confession. He was not only in his own house
but surrounded by his own family members. Hence no threat, inducement or promise was
made.
¶- The Supreme Court of India held in Narayan Singh’s38 case, “It is not open to any court
to start with a presumption that extra-judicial confession is a weak type of evidence”
An extra- Judicial confession, if voluntary can be relied upon by the court along with other
evidence in convicting the accused, the confession will have to be proved just like any other
fact.39
¶- In Piara Singh v. State of Punjab40 the Supreme Court remarked the value of Extra
Judicial confession – “Law does not require that the evidence of an Extra Judicial confession
should in all cases be corroborated.”
In Ramlal v. State of Himachal Pradesh41 , Justice R Banumathi and Justice Indira

Banerjee said – “If the court is satisfied that if the confession is voluntary, the conviction can
be based upon the same. Rule of prudence does not require that each and every
circumstance mentioned in the confession with regards to the participation to the accused
must be separately and independently corroborated.”
¶- It is submitted before the Hon’ble Court that the witnesses were not interested witnesses
but related witnesses. It was held in Dalbir Kaur v. State of Punjab42, “A close relative,
who is a very natural witness in the circumstances of a case, cannot be regarded as an
'interested witness', as held by the Hon'ble Supreme Court.
¶- In Brathi v. State of Punjab43, the Hon'ble Supreme Court held that no doubt criminal
court has to appreciate evidence given by witnesses who are closely related to the victim and
the court must be careful in evaluating their evidence, but mechanical rejection of the
evidence on the sole ground that the witness being related to the victim is
38
AIR 1985 SC P.1678.
39
Mulk Raj v. State of U.P. AIR 1959 SC P.902.
40
1977 4 SCC 459
41
(2006) Cri. LJ 939
42
AIR 1977 SC 472
43
AIR 1991 SC 318
an interested witness would invariably lead to miscarriage of justice.
¶- The mere fact that the witnesses were relations or interested would not by itself be

sufficient to discard their evidence straightway unless it is proved that their evidence suffers
from serious infirmities which raises considerable doubt in the mind of the court. For that the
decision of the Hon'ble Supreme Court in State of Gujrat v. Naginbhai Dhulabhai Patel44
may be seen.
Similar view was taken by this Court in Ram Bharosey v. State of U.P.45, where the Court
stated the dictum of law that a close relative of the deceased does not, per se, become
an interested witness. An interested witness is one who is interested in securing the
conviction of a person out of vengeance or enmity or due to disputes and deposes before the
court only with that intention and not to further the cause of justice. The law relating to
appreciation of evidence of an interested witness is well settled, according to which, the
version of an interested witness cannot be thrown overboard but must be examined carefully
before accepting the same.
¶-In Narayan Singh V. State of M.P.46, The learned sessions judge brushed aside their
evidence by presuming that their statement constituting an extra judicial confession is a very
weak type of evidence. this is a wrong view of law. It is not open to any court to start with a
presumption that extra judicial confession is a weak type of evidence.
Law does not require that the evidence of an extra judicial confession should in all cases be
corroborated.47
4-WHETHER THE FINE IMPOSED BY HON’BLE HIGH COURT WAS

SUFFICIENT OR NOT?
It is humbly submitted before the hon’ble court that traumatic event left both short term and
long-term agony over the victim and her family. The sexual abuse can impact the adjustment
44
AIR 1983 SC 839
45
(2010) 1 SCC 722
46
AIR 1985 SC 26, 1985 4 SCC 26
47
Piara Singh and others v. State of Pun. AIR 1977 SC 2274
of the child victim throughout the development. Therefore, considering the gravity of the
offence, the fine imposed by hon’ble high court is grossly inadequate.
Delay in lodging the report in such a case is immaterial. The improvements made by the
prosecutrix were not such as to discredit her testimony. He, therefore, supported the
conclusion reached by the High Court and sought dismissal of the appeals.
Also, the offence caused emotional and psychological trauma to the victim and her family
[4.1], Considering the gravity of the offence maximum fine should be provided [4.2].
[4.1]- EMOTIONAL AND PSYCHOLOGICAL TRAUMA TO THE VICTIM AND TO

HER FAMILY
¶-It is humbly submitted before the hon’ble court that victim and her family faced traumatic
situation after the incident, they become helpless and horrified. Victims are often too young
to know how to express what is happening in seek out help. This can result in a lifetime of
PTSD (Post Traumatic Stress Disorder), depression and anxiety.
¶-The offence of rape leaves a permanent scar and has a serious psychological impact on the
victim and her family members and, therefore, no one would normally concoct a story of
rape just to falsely implicate a person. In the present case there was not even an iota of
evidence to show that the Appellant or his family had any reason whatsoever to falsely
implicate the Respondent.
¶-It submitted that trauma resulted from sexual abuse is a syndrome that affects not just the
victim and their family, but all our society. Because sexual abuse, molestation and rape are
such shame-filled concept, are cultured tends to supress information about that.
¶-In Report of the Justice J.S. Verma Committee on Amendments to Criminal Law, the
following passage is found-
“Rape, sexual assault, eve-teasing and stalking are matters of serious concern – not only
because of the physical, emotional, and psychological trauma which engender in the victim,
but also because these are practices which are being tolerated by a society ostensibly wedded
to the rule of law”.
¶- The Court ignores the fact that rape is not only an offence involving physical violence, but
also psychological violence. This too when existing laws recognize mental agony and
psychological violence as offences against the body. The trauma that she is going through
will not let her public relations skills to develop, a prerequisite for her vocation. It will be
devastating for her as well as her parents who have invested so much in her and her future.
¶-Rape cannot be treated as only a sexual crime, but it should be viewed as a crime involving
aggression which leads to the domination of the prosecutrix. In case of rape, besides the
psychological trauma, there is also social stigma to the victim. Majority of rapes are not
sudden occurrences but are generally well planned. Social stigma has a devastating effect on
the rape victim. It is violation of her right to privacy. Such victims need physical, mental,
psychological and social rehabilitation. Physically she must feel safe in the society, mentally
she needs help to restore her lost self- esteem, psychologically she needs help to overcome
her depression and socially she needs to be accepted back in the social fold. Rape is a blatant
violation of woman’s bodily integrity.48
4.2- CONSIDERING THE GRAVITY OF THE OFFENCE MAXIMUM FINE

SHOULD BE PROVIDED
¶-It is humbly submitted before the Hon’ble Court that having regard to the seriousness and
gravity of this repugnant crime of rape, maximum fine should be provided. There has been a
gross violation of right to life to the victim.
Rape involves a severe degree of emotional and psychological trauma; it may be described
as a violation which in effect obliterates the personality of the victim.49

48
Mohd. Iqbal and another v. State of Jharkhand 2013, 14 SCC 481
49
Regina v. billam and others 1986 1WLR349
¶- It is humbly submitted before the Hon’ble Court that; the Respondent confessed
committing the same offence with other girls of the locality on earlier occasions. Being a
well-educated person, he did not fear the existing laws. Therefore, he was a habitual
offender. If the victim did not disclose the event to her friend and later her mother.
¶- It is submitted before the Hon’ble Court that, Article 21 of the Constitution of India reads,
“No person shall be deprived of his life or personal liberty except according to procedure
established by law”. Rape is intent to humiliate, violate and degrade a woman or child
sexually and, therefore, adversely affects the sexual integrity and autonomy of women and
children in violation of Article 21 of the Indian Constitution.50
¶- It has been a clear violation of her right to life, liberty and dignity. Hence, strict measures
must be adhered to on the accused guilty of crime. The severity and graveness of offence
should be a substantial consideration while sentencing the accused.
¶-It is submitted before the court that, a person committing rape on a girl whose body has
not even matured is an evil and devious act. Death penalty is apt for such a heinous crime
and it will act as a deterrent. One of such supporters is retired Justice P.D. Kode of the
Bombay High Court said that such offence is a “dastardly act” and is inflicted on minors
who are actually incapable of protecting themselves and therefore, the punishment of death
penalty is not harsh.
In many countries such as Qatar, Bahrain, Jordan, Kuwait, the UAE, China, Cuba,
Mauritania, Sudan, Tajikistan, Thailand, Tunisia and Vietnam death penalty prevails for the
offence of rape against minors.
¶- The death penalty is necessary not because the preservation of society requires it but
because society demands it.51
¶- It is submitted before the Hon’ble Court that, Crime against women is an unlawful
intrusion of her right to privacy, which offends her self-esteem and dignity. Expressing
50
Sakshi v. Union of India, AIR 2004 SC 3566
51
Bishnu Deo Shaw v. State of WB 1979 AIR 964
concern over the increasing crime against women, in State of Punjab v. Gurmit Singh and
Others52, this Court held as under:-
“Of late, crime against women in general and rape in particular is on the increase. It is an
irony that while we are celebrating woman’s rights in all spheres, we show little or no
concern for her honour. It is a sad reflection on the attitude of indifference of the society
towards the violation of human dignity of the victims of sex crimes. We must remember that
a rapist not only violates the victim’s privacy and personal integrity, but inevitably causes
serious psychological as well as physical harm in the process. Rape is not merely a physical
assault — it is often destructive of the whole personality of the victim. A murderer destroys
the physical body of his victim, a rapist degrades the very soul of the helpless female. The
courts, therefore, shoulder a great responsibility while trying an accused on charges of
rape. They must deal with such cases with utmost sensitivity. The courts should examine the
broader probabilities of a case and not get swayed by minor contradictions or insignificant
discrepancies in the statement of the prosecutrix, which are not of a fatal nature, to throw
out an otherwise reliable prosecution case.”
¶-In the present case, the offence of rape has been committed on the minor girl which, in
itself, is grave and, moreover, a heinous crime and hence, no leniency should be considered
by this Court.
¶- It was held in State of Andhra Pradesh v. Polamala Raju53 that the measure of
punishment must depend upon the conduct of the accused, the state and age of the sexually
assaulted female and the gravity of the criminal act. Crimes of violence upon women need to
be severely dealt with.
Imposing death penalty on the offenders for rape against minor girl below the age of 12 will
no mean that all the accused will be hanged but every case will be judged according to the
facts and circumstances of its own, the maximum punishment for the offence being death
penalty.
52
1996 AIR 1393, 1996 SCC (2) 384
53
State of Andhra Pradesh v. Polamala Raju, AIR 2000 SC 2854
¶- It is submitted before the Hon’ble Court that, according to the National Crime Records
Bureau, the number of rape cases against minor girls are increasing day by day. This is
because of the incapability of minors to defend themselves. This is because the criminals
and violators do not fear law. People do not have faith in the laws prevailing. Once the
society get reassurance that in such heinous cases law will come to aid to the victim,
reporting will increase, and no case will go unregistered.
“Of late, crime against women in general and rape in particular is on the increase. It is an
irony that while we are celebrating women's rights in all spheres, we show little or no
concern for her honour. it is a sad reflection on the attitude of indifference of the society
towards the violation of human dignity of the victims of sex crimes. We must remember that
a rapist not only violates the victim's privacy and personal integrity, but inevitably causes
serious psychological as well as physical harm in the process. Rape is not merely a physical
harm in the process. Rape is not merely a physical assault - it is often destructive of the
whole personality of the victim. A murderer destroys the physical body of his victim, a rapist
degrades the very soul of the helpless female. The courts, therefore, shoulder a great
responsibility while trying an accused on charges of rape. They must deal with such cases
with utmost sensitivity. The courts should examine then broader probabilities of a case and
not get swayed by minor contradictions or insignificant discrepancies in the statement of the
prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable prosecution
case. If evidence of the prosecutrix inspires confidence, it must be relied upon without
seeking corroboration of her statement in material particulars. If for some reason the court
finds it difficult to place implicit reliance on her testimony, it may look for evidence which
may lend assurance to her testimony, short of corroboration required in the case of an
accomplice. The testimony of an accomplice. The testimony of the prosecutrix must be
appreciated in the background of the entire case and the trial court must be alive to its
responsibility and be sensitive while dealing with cases involving sexual molestations.”54
¶-Child rape cases are cases of perverse lust for sex where even innocent children are not
sphered in pursued of sexual pleasure. It is a crime against humanity. In such cases,
54
State Of Punjab vs Gurmit Singh & Ors 1996 AIR 1393, 1996 SCC (2) 384
responsibility on the shoulders of the court is more onerous so as to provide proper legal
protection to these children. Their physical and mental immobility call for such protection.
Children are the natural resource of our country. They are the country’s future. Hope of
tomorrow rests on them. In our country, a girl child is in a very vulnerable position and one
of the modes of her exploitation is rape besides other modes of sexual abuse. These factors
point towards a different approach required to be adopted. It is necessary for the courts to
have a sensitive approach when dealing with cases of child rape. The effect of such a crime
on the mind of the child is likely to be lifelong. A special safeguard has been provided for
children in the Constitution of India in Art. 39.55
PRAYER
In the light of the issues raised, arguments advanced and authorities cited, may this Hon’ble Court be
pleased to:
I. Hold that the accused is guilty of the offence under Section 376 of the India Penal
Code.
II. Declare that the High court was not justified in punishing the accused for a minor
offence under Sec 354.
AND/OR
Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.
And for this, the Appellant as in duty bound, shall humbly pray.
55
Joseph v. State of Kerala 2000 (5) SCC 197
COUNSELS ON BEHALF OF THE APPELLANT

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1|Page MEMORIALONTHEBEHALFOFAPPELLANT

1st NATIONAL MOOT COURT COMPETITION, 2019

TEAM CODE: PURC 14

IN THE HON’BLE SUPREME COURT

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO._____OF 2019

(UNDER ARTICLE 136 OF THE CONSTITUTION)

MEMORIAL ON THE BEHALF OF APPELLANT

1st NATIONAL MOOT COURT COMPETITION, 2019

1st NATIONAL MOOT COURT COMPETITION, 2019

➢ AIR All India Reporter

1st NATIONAL MOOT COURT COMPETITION, 2019

1st NATIONAL MOOT COURT COMPETITION, 2019

 Abdul Majid v Emperor AIR 1927 LAH. 735 (2)

1st NATIONAL MOOT COURT COMPETITION, 2019

 R v. Osborne 74 LJ KB 311; 1905 1 KB 551; 92 LT 293

1st NATIONAL MOOT COURT COMPETITION, 2019

❖ Ratanlal & Dhirajlal’s Law of Crimes – A Commentary on The Indian Penal

❖ The Indian EvidenceAct, 1872.

❖ The Code of Criminal Procedure, 1973

1st NATIONAL MOOT COURT COMPETITION, 2019

Criminal Appeal under Article 136:

THE APPELLANT IN THE PRESENT CASE HAS BEEN EMPOWERED BY ARTICLE

Article 136 - Article 136 in The Constitution of India

136. Special leave to appeal by the Supreme Court

1st NATIONAL MOOT COURT COMPETITION, 2019

1st NATIONAL MOOT COURT COMPETITION, 2019

JUDGEMENT BY THE L.D. TRIAL COURT

JUDGEMENT BY HON’BLE HIGH COURT

1st NATIONAL MOOT COURT COMPETITION, 2019

1)WHETHER APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

2) WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

2.1- PRESENCE OF ALL THE INGREDIENTS TO FULFIL THE REQUIREMENTS OF SEC.

2.2- REPORT BY THE DOCTOR IS IN CORROBORATION WITH PROSECUTION

3) WHETHER THE EXTRA JUDICIAL CONFESSION IS ADMISSIBLE OR NOT?

3.1- ADMISSIBILITY OF EXTRA JUDICIAL CONFESSION

3.2 WITNESS TESTIMONY: CORROBORATION NOT NEEDED

4) WHETHER THE FINE IMPOSED BY HON’BLE HIGH COURT WAS SUFFICIENT

1st NATIONAL MOOT COURT COMPETITION, 2019

5) WHETHER THE RAPE AGAINST MINOR GIRL BELOW THE AGE OF 12

5.1-INCREASE IN OFFENCE OF RAPE AGAINST MINOR GIRLS

5.2- RETROSPECTIVE OPPERESSION OF CRIMINAL LAW IN CASE OF HEINOUS

1st NATIONAL MOOT COURT COMPETITION, 2019

1) WHETHER THE APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

2) WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

3)WHETHER THE EXTRA JUDICIAL CONFESSION IS ADMISSIBLE OR NOT?

1st NATIONAL MOOT COURT COMPETITION, 2019

4) WHETHER THE FINE IMPOSED BY HON'BLE HIGH COURT WAS SUFFICIENT

5) WHETHER THE RAPE AGAINST MINOR GIRL BELOW THE AGE OF 12

1st NATIONAL MOOT COURT COMPETITION, 2019

1- WHETHER THE APPEAL BROUGHT BEFORE THE HON’BLE COURT IS

¶-In D e l h i J u d i c i a l S e r v i c e A s s o c i a t i o n v s . S t a t e o f G u j a r a t 1 , it was

1st NATIONAL MOOT COURT COMPETITION, 2019

1.1- THE MATTER INVOLVES QUESTION OF GENERAL PUBLIC IMPORTANCE

1.2- THERE HAS BEEN GRAVE MISCARRIAGE OF JUSTICE.

1st NATIONAL MOOT COURT COMPETITION, 2019

1.3 THE MATTER INVOLVES SUBSTANTIAL QUESTION OF LAW AND

1st NATIONAL MOOT COURT COMPETITION, 2019

1.4- RE-APPRECIATION OF EVIDENCE IS POSSIBLE

1st NATIONAL MOOT COURT COMPETITION, 2019

2- WHETHER THE ACCUSED WAS RIGHTLY CONVICTED FOR A MINOR

1st NATIONAL MOOT COURT COMPETITION, 2019