MAHARAJA AGRASEN INSTITUTE OF

MANAGEMENT STUDIES
[DEPARTMENT OF LAW]

A Unit of Maharaja Agrasen Technical Education Society

Affiliated to GGS IP University: Recognised U/s 2(f) of UGC & Bar Council of India
ISO 9001:2015 Certified Institution

Maharaj Agrasen Chawk, Sector-22, Rohini, Delhi-110086, India

st
MAIMS 1 NATIONAL MOCK
TRIAL COMPETITION
[MOCK PROPOSITION]
HYBRID MODE
st th
01 - 17 SEPTEMBER 2022
:: FOR REGISTRATION :: NAVIGATE HERE ::

Maims Mock Trial Society @maimsmocktrialsociety mocktrial@maims.ac.in

Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

DISCLAIMER

DRAFTER'S NOTE TO THE PARTICIPANTS

All the laws which are used in this Proposition are pari materia with the
laws of the Republic of India.

The precedents of Indian courts/tribunals hold a persuasive value,

however the precedents of courts/tribunals from other jurisdictions
may also be relied upon.

This Mock Proposition (including the facts stated in this present case) is
fictitious and hypothetical in nature. It has been drafted truly for the
purpose of this Competition (hereinafter referred to as, MAIMS 1st
NMTC, 2022) and holds no correlation to any ongoing matter before
any court/tribunal/authority in the Republic of India.

The name(s), location(s), and date(s), etc. bear no resemblance to any

person, living or dead. Any resemblance to actual firms, institutions,
organisations or any other entities is entirely coincidental and in the
exercise of the authors' attempt to further academic research. Nothing
in this Proposition is intended to hurt/contradict the
feelings/sentiments of any section, class or society; or to defame any
living or dead person.

No additional evidence or additional witness testimonies can be

provided/can be brought on the record by any Team for the purpose of
this Competition (hereinafter referred to as, MAIMS 1st NMTC, 2022);
other than the ones which are provided in this Proposition (with
respect to all the rules mentioned in the Rule Book regarding Witness
Allotment).

 his Proposition is absolute, entire, and completely exhaustive in itself.

T
The participants are subsequently expected to build on these
submissions as well as come up with their own issues and arguments.
 TABLE OF CONTENTS

S.N. CONTENT ANNEXURE PG.

I. BRIEF FACTS - 1

II. FIRST INFORMATION REPORT u/s. 154, Cr.P.C. Annexure ‘A’ 4

III. CYBER CELL COMPLAINT Annexure ‘B’ 7

IV. FINAL FORM/REPORT u/s. 173, Cr.P.C. Annexure ‘C’ 10

V. STATEMENT OF MASTER SAMIR MALIK u/s. 164, Cr.P.C. Annexure ‘D’ 16

VI. STATEMENT OF MISS ARZOO MALIK u/s. 164, Cr.P.C. Annexure ‘E’ 17

VII. STATEMENT OF PROF. BHATTACHARYA u/s. 164, Cr.P.C. Annexure ‘F’ 18

VIII. STATEMENT OF MR. KABIR MALIK u/s. 164, Cr.P.C. Annexure ‘G’ 19

IX. STATEMENT OF MS. ANUSHKA GEHLOT u/s. 164, Cr.P.C. Annexure ‘H’ 20

X. STATEMENT OF MS. TRISHA u/s. 161, Cr.P.C. Annexure ‘I’ 21

XI. STATEMENT OF MS. ANURADHA u/s. 161, Cr.P.C. Annexure ‘J’ 22

XII. INTERROGATION REPORT u/s. 41, Cr.P.C. Annexure ‘K’ 23

XIII. SEIZURE MEMO u/s. 102, Cr.P.C. Annexure ‘L’ 24

Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

I. BRIEF FACTS
1. Mr. Kabir and Ms. Riya Malik got married in the year 2010 and were blessed

with a boy, Master Samir Malik in the year 2011 and a girl, Miss Arzoo Malik

in the year 2014. Riya was an artist by profession, but after the birth of her

daughter, she took a break in her career and started looking after her

children's education and welfare. As she could not devote time to herself,

she gained weight and developed a few health problems. Her husband, Mr.

Kabir Malik, started taunting her for her weight and calling her ugly.

Observing the fight between Kabir and Riya, Kabir's mother also started

nagging Riya about her increasing weight. She was ill-treated by her in-

laws, and after one nasty incident of domestic violence, she left her in-

laws' house along with her children and started living with her parents in

Rohini Vihar, Delu.

2. After a few days, Riya filed an F.I.R. against her husband and in-laws for

domestic violence before the Hon'ble Court of Ms. Arunima, Rohini Vihar

Court, Delu. The matter is currently pending before the Court, and her

husband and in-laws are released on Bail.

3. Riya was a Fine Arts graduate and was also an outstanding dancer. To earn

a livelihood, she started taking dance and painting classes. During COVID

lockdown, she commenced the classes in the online mode. She used to

teach art and craft, painting and dance in her online classes. Her classes

were a big success, and soon she opened her own ‘We-Tube’ Channel to

earn more. During her classes, she also talked openly about the violence

women face in their domestic setups and how they are made to feel

worthless and ugly. She used to discuss body positivity and acceptance.

Initially, her Channel captured many views, but after the lockdown was

over, the traffic on her Channel was reduced.

4. To get more subscriptions and likes for her content on the ‘We-Tube’
Channel, on 1st November 2021, she announced an innovative Online
Painting Event live on the platform. The event was scheduled for 9th
December 2021. She opened the registrations for the event on 15th
November 2021, and till the closing date of registration, i.e., 5th December
2021, she had more than 250 registrations.
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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

I. BRIEF FACTS
5. On 9th December 2021, she started her Session at around 11:00 IST and

initiated by talking about various types of body paintings, including tattoos,

henna and temporary body painting. She also discussed healing and body

positivity etc., and how body paintings and tattoos can make the scars

beautiful and bring more confidence in the women who have been

subjected to domestic violence at some juncture in time and are carrying

scars on their bodies.

6. After a while, she introduced her children and apprised the participants

about their extraordinary painting skills. She also boasted that she had

taught them the skill effortlessly that now they paint so well.

7. She said that she would be demonstrating the painting skills of her children

and would also let the participants know how body paintings can be done

easily. She further added that her own body would be considered the

canvas for the particular session.

8. After this, she removed her clothes and went bareback while her minor

children, Master Samir Malik (10 years old) and Miss Arzoo Malik (7 years

old), drew a body painting on her bareback.

9. The children painted on her naked back, and Riya recorded this video of a

1-hour duration during the online session, wherein there were 256 viewers

on the ‘We-Tube’ Platform. After that, the video was uploaded on Social

Media, on Riya’s ‘We-Tube’ Channel entitled with the heading, “Easy Body

Art and Body Positivity”.

10. A viewer, Ms. Anushka Gehlot, a Child Rights Activist in the Cyber Cell
reported this video and it was subsequently forwarded by the Cyber Cell,
Rohini Vihar Police, Delu, immediately with a report, before the
Commissioner of Police, Delu stating that “This is a child pornography-
related crime on social media”. Afterwards, the Commissioner of Police
forwarded the report to the Station House Officer, Rohini Vihar Police
Station, to take the necessary action.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

I. BRIEF FACTS
11. Based on the report, Crime No. 123 of 2021 was registered by the Rohini

Vihar Police, Delu, alleging offences punishable under Sections 14 and 15 of

the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’);

under Section 67B of the Information Technology Act, 2000 (‘IT Act’); and

under Section 75 of the Juvenile Justice (Care and Protection of Children)

Act, 2015, (Copy of F.I.R. is annexed as Annexure ‘A’).

12. A complaint was also filed before the Cyber Cell by Child Rights Activist,

Ms. Anushka Gehlot, (Copy of Complaint is annexed as Annexure ‘B’).

13. After a thorough investigation by the police officer, a report u/s. 173 was

filed before the Sessions Court, Rohini Vihar Court, Delu, (Copy of Police

Report is annexed as Annexure ‘C’).

14. The Court has begun the Trial, and the parties and witnesses have been
summoned to appear before the Court for Examination-in-Chief and
Cross-Examination, and the Framing of Charges.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'A'
II. FIRST INFORMATION REPORT
(UNDER SECTION 154 CR.P.C.)
1. Dist.: North Delu, P.S.: Rohini Vihar, Year: 2021, F.I.R. No.: 123, Date:

16/12/2021.

2. a. The Protection of Children from Sexual Offences Act, 2012, Sections 14


and 15;

b. The Information Technology Act, 2000, Section 67B; and

c. The Juvenile Justice (Care and Protection of Children) Act, 2015, Section

75.

3. a. Occurrence of Offence: Day: Thursday, Date: 09/12/2021, Time: 11:00

IST.

b. Information received at P.S.: Date: 16/12/2021, Time: 16:15 IST.

c. General Diary Reference: Entry No(s).: 24, Time: 18:00 IST.

4. Type of Information: Through Cyber Cell Complaint.

5. *Place of Occurrence:

a. Direction and Distance from P.S.: …………………, Beat No.: …………………

b. Address: 1/9120, Rohini Vihar, Delu.

c. In case outside the limit of this Police Station, then the name of P.S.:

…………………, District: …………………

6. Complainant/Informant:

a. Name: Ms. Anushka Gehlot (Child Rights Activist).
b. Father’s/Husband’s Name: N/A.
c. Date/Year of Birth: 12/03/1980.
d. Nationality: Indianan.
e. Passport No: N/A, Date of Issue: N/A, Place of Issue: N/A.
f. Occupation: Child Rights Activist.
g. Address: D/2022, Shalimar Nagar, Delu.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

7. Details of known/suspected/unknown/accused with full particulars

(Attach a separate sheet if necessary): Ms. Riya Malik.

8. Reasons for delay in reporting by the complainant/informant: N/A.

9. Particulars of properties stolen/involved (Attach a separate sheet if

necessary): N/A.

10. *Total value of the properties stolen/involved: N/A.

11. *Inquest Report/U.D. Case No., if any: N/A.

12. F.I.R. Contents (Attach separate sheets, if required):

I am a Child Rights Activist. On 13/12/2021, I was working on a case, and I

noticed a link flashing on my web page talking about a video. Just out of
curiosity, I opened the link, and it took me to the ‘We-Tube’ Channel,
which is a very famous OTT Platform and is widely used by people of all
ages for different usages. When I played the video, I saw a woman named
Riya Malik talking about various types of body paintings, including tattoos,
henna and temporary body painting. She also discussed healing and body
positivity, etc., and how body paintings and tattoos can make the scars
beautiful and bring more confidence to the women who have been
subjected to domestic violence at some juncture in time and are carrying
scars on their bodies. After a while, she introduced her children and told
the participants about their extraordinary painting skills. She also boasted
that she had taught them the skill effortlessly that now they paint so well.
She said that she would be demonstrating the painting skills of her children
and would also let the participants know how body paintings can be done
easily. She further added that her own body would be considered the
canvas for the particular session. After this, she removed her clothes and
went bareback while her minor children, Master Samir Malik (10 years old)
and Miss Arzoo Malik (7 years old), drew a body painting on her bareback.
Many people saw the video, and there were various vulgar and uncouth
comments over the video, mainly by the school-going children.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

13. Action Taken:

Since the above-stated report reveals the commission of the offence(s) u/s.

14 and 15 of The Protection of Children from Sexual Offences Act, 2012; u/s.

75 of Juvenile Justice (Care and Protection of Children) Act, 2015; and u/s.

67B of Information Technology Act, 2000, as mentioned in Item No. 2.,

registered the case and took up the investigation. Direction: Ms. Nivedita

Singh, Rank: Senior Investigating Officer, to take up the investigation,

transferred to P.S.: Rohini Vihar, Delu, on the point of jurisdiction. The

F.I.R. was read over to the complainant/informant, was admitted to being

correctly recorded, and a copy was given to the complainant/informant

free of cost.

14. Signature/Thumb-Impression of the complainant/informant:

I certify that the information furnished for lodging F.I.R. through this

application is correct to the best of my knowledge.

15. Date & Time of Dispatch to the Court: …………………

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'B'
III. CYBER CELL COMPLAINT
NORTH-WEST DISTRICT, DELU
1. District: North-West District.

2. Cyber Cell: Rohini Vihar.

3. Acts and Sections:

a. Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’):


Sections 13, 14, and 15;

b. Information Technology Act, 2000 (‘IT Act’): Section 67B; and

c. Juvenile Justice (Care and Protection of Children) Act, 2015: Section 75.

4. Time of Occurrence of Offence: Between 11:00 IST to 18:00 IST on 9th

December 2021.

5. Complaint received in the Cyber Cell: 19:30 IST.

6. Type of Information: Online Complaint.

7. Place of Occurrence:

a. Direction and Distance from Cyber Cell Rohini: 5 kms.

b. Address: 1/9120, Rohini Vihar, Delu.

c. In case outside the limit of this Police Station, the Name of P.S.: N/A.

8. Details of known/suspected/unknown accused with Full Particulars: Ms.

Riya Malik.

9. Reasons for Delay in Reporting by the complainant/informant: No Delay.

10. Inquest Report/U.D. Case No., if any: N/A.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

11. Complaint Content:

Being a Child Rights Activist, I keep an open eye on online content. During

one such random visit on my ‘We-Tube’ Account, I found a live video

wherein I saw two minor children painting on their mother's semi-naked

body. The mother was taking an online session on body painting and

positivity. The content was obscene, and the minor children were being

exposed to a sexual milieu. The content creator, Ms. Riya Malik, did not

stop there; she recorded and disseminated this video on her ‘We-Tube’

Channel, making it evident that the children were being used for

pornographic purposes.

12. Screenshots of Content:

SS-1 SS-2

13. Screenshot Copy of URL of Alleged Contents:

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

14. Action Taken: A case of child pornography is registered. The investigation

has been handed over to A.C.P. Rakesh Asthana, Police Station, Rohini

Vihar.

15. The complaint is digitally signed, admitted to being correctly recorded, and

a CD-R copy is generated for the complainant/informant and is given free

of cost.

16. Verified Log-in Details of the complainant/informant:

a. Name: Ms. Anushka Gehlot.

b. Phone No: 98100XXXXX.

c. Email Id: anushkaigehlot@1234mail.com.

17. Digitally signed by the Officer-In-Charge, Cyber Cell, Rohini, Delu:

18. Date and Time of Dispatch to the Court: 14th December 2021 at 09:20 IST.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'C'
IV. FINAL FORM/REPORT
(UNDER SECTION 173 CR.P.C.)
1. *Dist.: NORTH-WEST, *P.S.: ROHINI VIHAR, *Year: 2022, *F.I.R. No.:

123/2021, *Date: 15/05/2022.

2. Final Report/Charge-Sheet No.: 2145/2022.

3. *Date: 15/05/2022.

4. Acts and Sections:

a. Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’):


*Sections 14 and 15.

b. Information Technology Act, 2000 (‘IT Act’): *Section 67B.

c. Juvenile Justice (Care and Protection of Children) Act, 2015: *Section

75.

5. *Type of Final Report: Charge-Sheet/Untraced/Occurred/Not Charge-

Sheet for want of Evidence: Charge-Sheet.

6. *If F.R. occurred: False/Mistake of Fact/Mistake of Law/Non-

cognizable/Civil Nature: …………………

7. *If Supplementary or Original: ORIGINAL.

8. Name of the I.O.: MS. NIVEDITA SINGH, Rank: SENIOR INVESTIGATING

OFFICER.

a. Name of complainant/informant: MS. ANUSHKA GEHLOT.

b. Father’s/Husband’s Name: …………………

9. Date of properties/articles/documents recovered/seized during the

investigation and relied upon (separate list can be attached, if necessary).

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

P.S. FROM
ESTIMATED
PROPERTY PROPERTY WHOM/WHERE
S.N. VALUE DISPOSAL
DESCRIPTION REGISTER RECOVERED OR
(IN RS.)
NO. SEIZED

1. Laptop Rs. 45,000/- - Ms. Riya Malik -

10. Particulars of accused persons charge-sheeted: (Use separate sheet for

each accused):
Sl. No.: …………………
a. Name: MS. RIYA MALIK, Whether Verified: VERIFIED.
b. Father’s/Husband’s Name: MR. KABIR MALIK.
c. Date/Year of Birth: …………………
d. Sex: FEMALE.
e. Nationality: INDIANAN.
f. Passport No: …………………, Date of Issue: …………………, Place of Issue: …………………
g. Religion: HINDU.
h. Whether SC/ST: …………………
i. Occupation: ARTIST.
j. Address: 1/9120, ROHINI VIHAR, DELU (PARENT’S HOUSE).
k. Whether Verified: VERIFIED.
l. *Provisional Criminal No.: …………………
m. *Regular Criminal No.: ………………… (if known).
n. Date of Arrest: NOT ARRESTED.
o. *Date of Release on Bail: N/A.
p. *Date on which forwarded to Court: …………………
q. *Under Acts & Sections: Under Sections 14 and 15 of the Protection of

Children from Sexual Offenses Act, 2012 (‘POCSO Act’); under Section

67B of the Information Technology Act, 2000 (‘IT Act’); and under

Section 75 of the Juvenile Justice (Care and Protection of Children) Act,

2015.
r. *Name(s) and Address(es) of Sureties: N/A.
s. Previous Convictions with Case References: N/A.
t. *Status of the Accused: Forwarded/Bailed by Police/Under Police
Custody/Bailed by Court/In judicial Custody/Absconding/Proclaimed
Offender: …………………

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

11. Particulars of Witnesses to be Examined:

FATHER’S OR TYPE OF
S.N. NAME HUSBAND’S OCCUPATION ADDRESS EVIDENCE TO
NAME BE TENDERED
1/9120,
Master Samir Mr. Kabir School Rohini
1. Cross
Malik Malik Student Vihar,
Delu
1/9120,
Miss Arzoo Mr. Kabir School Rohini
2. Cross
Malik Malik Student Vihar,
Delu
Principal,
Prof. Jaya Mr. Mudit
3. Indraprastha -/- Cross
Bhattacharya Bhattacharya
Vidhyalaya
Angoori
Mr. Kabir Mr. Rakesh
4. Businessman Garden, Cross
Malik Malik
Delu
Ms. Anushka Mr. Sashi Child Rights
5. -/- Complaint
Gehlot Gehlot Activist
To Prove her
School Statement
6. Ms. Trisha Mr. O.P. Singh -/-
Teacher Given u/s. 161,
Cr.P.C.
To Prove her
Member:
Ms. Mr. Yash Statement
7. Observation -/-
Anuradha Katiyal Given u/s. 161,
Home
Cr.P.C.
To Answer
P.S.
Ms. Nivedita Investigating Questions
8. -/- Rohini
Singh Officer related to her
Vihar
Investigation

12
Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

To Prove
Proceedings of
Statement u/s.
164, Cr.P.C. of
Rohini
S.H. O.P. Sameer, Arzoo,
9. -/- M.M. Vihar
Munjal Kabir Malik,
Court
Jaya
Bhattacharya,
Anushka
Gehlot

12. If F.R. is false, indicate the action taken or proposed to be taken u/s. 182/211

I.P.C.: …………………

13. Result of Laboratory Analysis: …………………

14. Brief Facts of the Case (Add separate sheet, if necessary):

THE F.I.R. WAS FILED UNDER THE DIRECTION OF THE COMMISSIONER
OF POLICE AND WAS BASED ON A CYBER CELL COMPLAINT FILED BY
THE COMPLAINANT, MS. ANUSHKA GEHLOT. SHE IS A CHILD RIGHTS
ACTIVIST. SHE STATED IN HER COMPLAINT THAT ON 13TH DECEMBER,
2021, WHILE SHE WAS WORKING ON SOME CASE, SHE NOTICED A LINK
FLASHING ON HER WEB PAGE REGARDING A VIDEO. WHEN SHE
OPENED THE LINK, IT TOOK HER TO THE ‘WE-TUBE’ CHANNEL,
WHEREIN THE VIDEO SHOWED A WOMAN NAMED RIYA MALIK, WHO
IS AN ARTIST BY PROFESSION. SHE WAS TALKING ABOUT VARIOUS
TYPES OF BODY PAINTINGS, INCLUDING TATTOOS, HENNA, AND
TEMPORARY BODY COLOURING. IN THE VIDEO, THE WOMAN WAS
SEEN INTRODUCING HER MINOR CHILDREN, NAMELY, MASTER SAMIR
MALIK (10 YEARS OLD) AND MISS ARZOO MALIK (07 YEARS OLD). SHE
TOLD THE PARTICIPANTS THAT SHE HAD TAUGHT HER CHILDREN
EXTRAORDINARY PAINTING SKILLS AND THAT SHE WOULD BE
DEMONSTRATING THEIR SKILLS TO THE PARTICIPANTS. MS. RIYA MALIK
TOLD THE PARTICIPANTS THAT HER OWN BODY WOULD BE
CONSIDERED AS THE CANVAS FOR THE PARTICULAR SESSION.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

AFTER THIS, SHE REMOVED HER CLOTHES AND WENT BAREBACK

WHILE BOTH HER MINOR CHILDREN DREW ON HER BAREBACK.

THE COMPLAINANT ALSO INFORMED THAT THE VIDEO WAS SHARED

BY MS. RIYA MALIK ON EVERY SOCIAL MEDIA PLATFORM AND WAS
SEEN BY THOUSANDS OF VIEWERS. MOST OF THE VIEWERS WERE NOT
ONLY SCHOOL-GOING CHILDREN BUT WERE ALSO FROM THE SAME
SCHOOL WHERE SAMEER AND ARZOO WERE ENROLLED. THERE WERE
SEVERAL VULGAR AND UNCOUTH COMMENTS ON THE VIDEO WHICH
WERE DEMEANING AND DISRESPECTFUL TO THE MOTHER AND THE
CHILDREN.

THE COMPLAINANT FILED THE COMPLAINT UNDER SECTIONS 13, 14 AND

15 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012 (‘POCSO ACT’); UNDER SECTION 67B OF THE INFORMATION
TECHNOLOGY ACT, 2000 (‘IT ACT’); AND UNDER SECTION 75 OF THE
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015.

IN THIS CASE, THE F.I.R. NO. 123/2021 WAS REGISTERED ON 16TH

DECEMBER, 2021 UNDER SECTION 154 OF CR.P.C., 1973 (Annexure ‘A’). THE
STATEMENT OF MASTER SAMIR MALIK, SON OF MS. RIYA MALIK AND
MR. KABIR MALIK WAS REGISTERED UNDER SECTION 164 OF CR.P.C.,
1973 (Annexure ‘D’); AND THE STATEMENT OF MISS ARZOO MALIK,
DAUGHTER OF MS. RIYA MALIK AND MR. KABIR MALIK WAS ALSO
REGISTERED UNDER SECTION 164 OF CR.P.C., 1973 (Annexure ‘E’). THE
STATEMENT OF PROF. JAYA BHATTACHARYA WAS REGISTERED UNDER
SECTION 164 OF CR.P.C., 1973 (Annexure ‘F’); STATEMENT OF MR. KABIR
MALIK, HUSBAND OF MS. RIYA MALIK, WAS ALSO REGISTERED UNDER
SECTION 164 OF CR.P.C., 1973 (Annexure ‘G’); AND THE STATEMENT OF
MS. ANUSHKA GEHLOT, A CHILD RIGHTS ACTIVIST WAS ALSO
REGISTERED UNDER SECTION 164 OF CR.P.C., 1973 (Annexure ‘H’). THE
STATEMENT OF MS. TRISHA, A TEACHER BY PROFESSION AND A
NEIGHBOUR OF MS. RIYA MALIK, WAS RECORDED UNDER SECTION 161
OF CR.P.C., 1973 (Annexure ‘I’); AND THE STATEMENT OF MS. ANURADHA,
MEMBER OF OBSERVATION HOME, WAS ALSO REGISTERED UNDER
SECTION 161 OF CR.P.C., 1973 (Annexure ‘J’).

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

THE INVESTIGATION WAS ASSIGNED TO MS. NIVEDITA SINGH, SENIOR

INVESTIGATING OFFICER. WHILE INVESTIGATING INTO THE MATTER,
AN INTERROGATION REPORT OF MS. RIYA MALIK WAS REGISTERED
UNDER SECTION 41 OF CR.P.C., 1973 (Annexure ‘K’).

15. The statements registered under Section 164 of Cr.P.C., 1973 were before

Sh. O.P. Munjal, M.M., Rohini Vihar Court, Delu.

16. Refer Notice Served: Yes/No, Date: …………………

17. Dispatched On: …………………

SIGNATURE OF THE INVESTIGATING

FORWARDED BY STATION HOUSE
OFFICER SUBMITTING THE FINAL
OFFICER
REPORT/CHARGE SHEET
Name: Mr. Rakesh Asthana. Name: Ms. Nivedita Singh.
Rank: A.C.P. Rank: Senior Investigating Officer.
No.: D/1-192. No.: D/6834.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'D'
V. STATEMENT OF MASTER SAMIR
MALIK U/S. 164 OF CR.P.C.

I, Samir Malik s/o Mr. Kabir Malik, r/o 1/9120 Rohini Vihar, Delu, have lived
with my mother, Ms. Riya Malik and my sister, Miss Arzoo Malik, since the
separation from my father. My mother was interested in painting, and she
used to paint on many things like walls, mirrors, tables, utensils, etc. My
mother has also taught me and my sister some easy painting skills. She has
taught us how we can paint on our bodies also. I have also got a tattoo on
my foot. My mother kept an online session on 9th December 2021 on the
‘We-Tube’ Platform. We had already prepared the content of the session
beforehand. We decided to do a live painting on my mother's back,
considering it as a canvas. We did the same during the session.

Sd/- (Thumb Impression) Sd/-

MASTER SAMIR MALIK METROPOLITAN MAGISTRATE

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'E'
VI. STATEMENT OF MISS ARZOO
MALIK U/S. 164 OF CR.P.C.

I, Arzoo Malik d/o Mr. Kabir Malik and Ms. Riya Malik, r/o 1/9120 Rohini
Vihar, Delu, lived with my mother and brother only. My mother and
brother used to make a lot of paintings. My mother has taught my brother. I
also like colours, but I am not good at painting. On 8th December 2021, my
mother told me that she would teach online painting the next day, and she
would require my brother's and my help as we would be asked to paint on
her back. On 9th December 2021, when she was teaching, there were many
people, and my mother introduced my brother and me to them, then she
asked me to help my brother paint her body, and we did the same.

Sd/- (Thumb Impression) Sd/-

MISS ARZOO MALIK METROPOLITAN MAGISTRATE

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'F'
VII. STATEMENT OF PROF. JAYA
BHATTACHARYA U/S. 164 OF CR.P.C.

I, Jaya Bhattacharya, Principal, Indraprastha Vidhyalaya, know Ms. Riya

Malik as the mother of Master Samir Malik and Miss Arzoo Malik as both
are the students of Indraprastha Vidyalaya. Ms. Riya Malik has been a very
vigilant parent, according to me. She used to visit the school twice a month
and meet her children's teachers to know about their education. Her
children, Samir and Arzoo, were very good in their studies, but they were
disturbed and disruptive in the classes when their parents were having
problems amongst themselves. The teachers have witnessed a change in
their behaviour since the time their parents got separated. They started
remaining quieter and calmer in the class. Their disruptive communication
with their classmates and their friends during the classes has also been
reduced.

I called their mother, Ms. Riya Malik, who then came to the school to
discuss the issue as it seemed to reflect a negative impact on the children.
Ms. Riya assured us that she will take care of her children’s education and
mental health. In fact, after that meeting, we again witnessed a positive
change in the behaviour of both the children but there was still scope for
more improvement. Samir’s painting skills were very fine as we learned
about the same from his S.U.P.W. teacher. He used to enjoy his drawing
classes and had also submitted numerous paintings to the school. I believe
that the inclination towards painting is because of their mother. Both the
children have a very positive attitude towards their mother.

Sd/- Sd/-
PROF. JAYA BHATTACHARYA METROPOLITAN MAGISTRATE

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'G'
VIII. STATEMENT OF MR. KABIR
MALIK U/S. 164 CR.P.C.

I, Kabir Malik, husband of Ms. Riya Malik and father of Master Samir Malik
and Miss Arzoo Malik, am a r/o Angoori Garden, Delu. My wife and I were
not having very good relations. My wife was very adamant and wanted to
open her own art school. I had a good income, but not to such an extent
that I would open an art school. I had to take care of my children's
education, my parents’ health expenses and run my family. However, Riya
did not understand this, and she threatened me that she would leave me
alone with the children. Due to this, we had a lot of quarrels amongst
ourselves which my children and parents unluckily overheard.

I was getting irritated by these daily nuisances and asked my mother to

explain this to Riya. However, when my mother went to Riya to explain the
same to her, Riya misbehaved with her and told her that she would get
them put in jail in a Domestic Violence Case. Due to this, my mother got
angry and unwillingly shouted at Riya in front of my children.

Riya is a Fine Arts graduate, and she has a very good hand in painting. She
was very desperate to open her own art school. She can go up to any extent
to get success. I believe she has used my children to get viewers’ attention
and attraction. Otherwise, what kind of mother would ask her own
children to paint on her own naked body in front of so many viewers.

Sd/- Sd/-
MR. KABIR MALIK METROPOLITAN MAGISTRATE

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'H'
IX. STATEMENT OF MS. ANUSHKA
GEHLOT U/S. 164 CR.P.C.

I, Anushka Gehlot, am a Child Rights Activist by profession. On 13/12/2021, I

was working on a case and saw a link flashing on my web page regarding a
video. I opened the link just out of curiosity, and it took me to the ‘We-
Tube’ Channel, a very famous OTT Platform that people of all ages widely
use for different usages. When I played the video, I saw a woman named
Riya Malik talking about various types of body paintings, including tattoos,
henna and temporary body colouring. After a while, she introduced her
children and told the participants about their extraordinary painting skills.
She also boasted that she had taught them the skill easily that now they
paint so well. She said that she would be demonstrating the painting skills
of her children and would also let the participants know how body
paintings can be done easily. She further added that for the particular
session, the canvas would be her body. After this, she went bareback, and
both her minor children drew a body painting on her back.

Many people saw the video, and there were various vulgar and uncouth
comments over the video, which were mainly by the school-going
children. Not only this but also the act was very pressurising for both the
children of Ms. Riya Malik herself as they have been put under their
mother’s influence for doing this. The comments posted by the students
are mainly from the children studying in the same school as Samir and
Arzoo, and their behaviour towards Ms. Riya's children might create an
unbalancing trauma and mental agony in their life. It is an offence under
the POCSO Act and therefore, I humbly request you to take the necessary
action against the concerned responsible persons, as per law.

Sd/- Sd/-
MS. ANUSHKA GEHLOT METROPOLITAN MAGISTRATE

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'I'
X. STATEMENT OF MS. TRISHA U/S.
161 OF CR.P.C.

I, Trisha, r/o Rohini Vihar, Delu, am Ms. Riya Malik's neighbour. I have
known Ms. Riya since the time before her marriage. Ms. Riya is a graduate
of Fine Arts, and she is an excellent painter. I used to send my son to her to
learn the arts. My son was 12 years old at that time and delighted with her
classes. He had a keen interest in learning mirror art especially. My son
never felt uneasiness or awkwardness with Ms. Riya. In fact, I noticed a
positive change in my son’s behaviour. He started accepting everything
surrounding him and appreciating everyone’s presence.

When Ms. Riya started her online sessions on dance and teaching, my son
also registered for the same. He was one of the session viewers that
happened on 9th December 2021. During the session, I was also sitting
along with my son, and nothing obscene or vulgar happened during the
session. In fact, before starting the painting, Ms. Riya explained the
positives of body painting to the people. It was enough to justify her
intentions behind doing a live painting on her bareback in front of almost
250 + viewers. My son also watched the entire session, and his opinion
regarding the same was neither sexual nor obscene.

Sd/- Sd/-
MS. TRISHA INVESTIGATING OFFICER

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'J'
XI. STATEMENT OF MS. ANURADHA
- MEMBER FROM OBSERVATION
HOME U/S. 161 CR.P.C.

I, Anuradha, am a member of Observation Home. The provision for

observation homes is made under Section 47 of the Juvenile Justice (Care &
Protection of Children) Act, 2015. Its purpose is to keep those children
under observation during the inquiry period who conflict with the law.
When a case was filed against Ms. Riya Malik, her children were sent to an
observation home by the Magistrate. We found that the children have
already grown much above their age during our interaction with them.
After their parents’ separation, they witnessed a very unpleasant
atmosphere in their home. They witnessed the cruelty done by their father
and grandparents to their mother. Those incidents already had a very
negative impact on the children’s minds.

When they left their paternal grandparents’ home and started living with
their maternal grandparents in Rohini Vihar, Delu, they sensed another
unwelcome situation in their life, the struggle to earn their livelihoods as
they did not want to burden themselves on their maternal grandparents.
Thus, their mother started taking online sessions to teach dance and art.
The children became their mother’s associates and tried to help her in any
way possible. They developed an interest in painting and learned the same
from their mother. They learned the positives of art, and hence they never
saw body paintings from a sexual perspective. They consider the body as a
canvas for painting. When the children were asked about their feelings and
emotions regarding the overuse of their mother’s bareback for painting,
they answered that they did not consider it as their mother’s back and
instead as a canvas where they were supposed to paint, and subsequently
did the same.

Sd/- Sd/-
MS. ANURADHA INVESTIGATING OFFICER

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'K'
XII. INTERROGATION REPORT U/S.
41 CR.P.C.

I, Riya Malik w/o Mr. Kabir Malik r/o 1/9120 Rohini Vihar, Delu, am living
with my two children, Master Samir Malik and Miss Arzoo Malik. My
husband and my in-laws have treated me very badly and gravely. Since the
day I started gaining weight, my husband has shown disrespectful and
discourteous behaviour towards me. My in-laws also started treating me
rudely, due to which I had no other option left but to leave my matrimonial
home. My children were growing up, and I did not want them to witness
such cruel incidents daily with their mother, so I left home and went to my
parent’s place in Rohini Vihar, Delu. My parents were not very financially
sound; hence to earn my livelihood and take care of my children’s
education, I started taking online sessions on dance and painting. I am also
a graduate of Fine Arts. As it was a lockdown period, many people viewed
my online sessions, and I earned massive success with the same.

During my online sessions, I used to give lectures on the relevance of art in

our lives because I have faced that challenging time in my life. I had a sense
of empathy for those women who were subjected to such cruel behaviour
from their families. I wanted to help them by letting them know how they
can bring confidence in their lives through body painting.

In my online session on 9th December 2021, I planned to show my viewers

the beauty of body painting. I certainly did not intend to create obscenity
on any of the online portals. Moreover, body painting is not obnoxious;
instead, it is an art I have been promoting. I wanted my children to know
and understand the beauty of one’s body. That is why I included them as
my associates, and I, being their mother, did not exhibit or stimulate any
sexual thoughts in my children’s minds. Moreover, the back of a human is
not a sexual organ.

Sd/- Sd/-
MS. RIYA MALIK INVESTIGATING OFFICER

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

ANNEXURE 'L'
XIII. PROPERTY SEIZURE MEMO
(SEARCH/PRODUCTION/RECOVERY
U/S. 102 CR.P.C.)

1. *Dist.: NORTH-WEST, *P.S.: ROHINI VIHAR, *Year: 2021, *F.I.R. No./G.D.

No.: 123/2021, *Date: 02/02/2022.

2. Acts and Sections:

a. The Protection of Children from Sexual Offences Act, 2012, Sections 14


and 15;

b. The Information Technology Act, 2000, Section 67B; and

c. The Juvenile Justice (Care and Protection of Children) Act, 2015, Section

75.

3. *Name of property seized/received: Stolen/Unclaimed/Unlawful

Possession/Others: HP LAPTOP.

4. Property seized/received:

a. Date: 02/02/2022.

b. Time: 15:20 IST.

c. Address of place from where seized/recovered: 1/9120, ROHINI


VIHAR, DELU.

d. Description of the place of seizure/recovery: RESIDENCE OF

ACCUSED/RESPONDENT.

5. Person from whom seized/recovered:

Name: MS. RIYA MALIK, Father’s/Husband’s Name: MR. KABIR MALIK,

Age: …………………, Occupation: ARTIST, Address: 1/9120, ROHINI VIHAR,

DELU.

6. Witnesses:
a. Name: SH. SANJAY, Father’s/Husband’s, Name: …………………, Age: 64,
Occupation: RETIRED, Address: 1/9120, ROHINI VIHAR, DELU.

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

b. Name: SMT. MANJU DEVI, Father’s/Husband’s Name: …………………, Age:

61, Occupation: HOUSEWIFE, Address: 1/9120, ROHINI VIHAR, DELU.

7. Action taken/recommended for disposal of perishable property: …………………

8. Action taken/recommended for the keeping of valuable property: …………………

9. Identification required: NO.

10. Details of properties seized/recovered: (Use prescribed form(s) and attach):

LAPTOP HP - FROM WHICH THE ONLINE SESSION WAS CONDUCTED

BY MS. RIYA MALIK ON 9TH DECEMBER 2021.

11. Circumstances/Grounds for Seizure: …………………

12. The above-mentioned properties were seized in accordance with the

provisions of the law in the presence of the above said witnesses/**and a

copy of the seizure memo was given to the person/the occupant of the

place from whom seized.

13. The following properties were packed and/or sealed and the signature of
the about said witnesses was obtained thereon or on the body of the
property:

SIGNATURE OBTAINED ON THE PACKET OR ON THE

S.N. PROPERTY
BODY OF THE PROPERTY
1. Laptop Ms. Riya Malik

Specimen of the Seal is Given Below

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Mock Proposition: MAIMS 1st National Mock Trial Competition 2022

Witness 1: Signature of the Investigating Officer:

…………………
Signature Name: NIVEDITA SINGH.
Rank: SENIOR I.O., No.: …………………
Witness 2: Place: DELU.
………………… Date: 02/02/2022.
Signature

**In case the property is seized from such a place that no receipt is
required to be given to anybody, this portion of the sentence should be
struck off.

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