MOOTING SKILLS WORKSHOP

MOOT COURT PROBLEM

Prof. Ved Kumari
Faculty of Law
University of Delhi
After 7 months of marriage, Sapna’s burning body was found in the kitchen of her husband’s
two bedrooms flat on 11-12 March, 2009. She died between 11 p.m. to 4.00 a.m. She had been
living in the flat with Ashok, her doctor husband and his sister, Neelima. At around 5.30 a.m. of
12.3.2009, the milkman found smoke coming from inside the house. On stepping inside he saw a
dead body burning in the kitchen. Another neighbour, who came on hearing shouts that a woman
was burning, stated that Ashok and Neelima were weeping and hugging each other but made no
efforts to extinguish the fire. There was no light in the kitchen and all the articles were kept properly
arranged. One stove was lying on the floor of the kitchen but was not burning.
The panchnama revealed that the stove was empty and no match box or match stick was found
in the kitchen. There was a socket for electric bulb but the bulb was missing. The post mortem
report revealed three ante-mortem injuries -

i) Deromopidermal burn all over the body including palm and soles, left lower extremity
and part of the back were deeply burnt and muscles charred. Right foot was
disarticulated at ankle joint because of charring of bones. Scalp hair were also singed
and scalp on left side of head was completely burnt and charred.

ii) Contusion 5 cm x 2 cm on the right parietal area of the head.

iii) Extradural haemorrhage in area of 8 cm x 11 cm on left parietal region of brain.

The medical evidence showed that the body was found in pugilistic-attitude. (According to
Modi's Medical Jurisprudent and Toxicology when a body is exposed to great heat it gets
cooked and becomes so rigid that the limbs fixed, arms fixed and fingers hooked like claws that
it assumes an attitude of defence called the pugilistic attitude). The body had slumped down
from a standing position on the floor.

Sapna was 24 years old and a first class M. Sc. Home Science. The letters written by her to
her parents showed that she was having marital problems due to extra-marital sexual relations of her
husband but she did not think that she had reached a dead end. She had resolved to break from her
husband and return to her parents to improve her educational qualifications, find a job and start a
new life.

Ashok and Neelima were convicted by the trial court for the murder of Sapna under Section
302 read with Section 34 of the Indian Penal Code. Ashok was sentenced to death and Neelima to
life imprisonment. On appeal, the High Court on 02-03-2011 set aside the order of conviction and
sentence of both, holding that "suicide cannot be excluded". Companion appeals by Sapna's father
and the state have been filed against the said order of acquittal on 30.5.11 and 06.06.11 respectively.

1
The case has been listed for arguments by both sides on………

Stages in Preparation for the Moot Court

A) Reading and re-reading the facts till the facts are on one’s finger tips.
B) Identification of issues
● Preliminary Issues – e.g., Jurisdiction of Court, Limitation, Locus Standi, Mis-joinder or
non-joinder of Parties
● Substantive Issues on Merit
C) Identification of Relevant Legal Provisions relating to the issues and their ingredients
D) Legal and Other Research
E) Sifting of Relevant Facts – All those facts that one is likely to use to prove or disprove an
issue / ingredient of law involved in the matter.
F) Appreciation of evidence for drawing inferences for conviction or acquittal on the basis of
proven facts.