Madhusudan Law University,

Cuttack

Internal Assignment

1
 Moot Proposition

Anam (21 years) was a school dropout. He used to work in a garage. He did not have any
criminal antecedent. He was the only breadwinner of his blind parents. He used to like a girl
Sushila (14 years). But Sushila did not like him. Anam used to follow her and pester her, but she
always avoided her. On 22nd January 2011 evening time, he found Shushila near a jungle and
committed rape and murder of her. After that, he fled away to Calcutta. Police registered a case
u/s 302/ 376 of IPC. Police collected veritable evidence, including DNA evidence and charge-
sheeted the case within 30 days. The trial was conducted by the Addl Session judge. The
evidence presented before the court is – (i) weapon of offence – a stone (ii) doctors’ opinion that
the weapon was sufficient to cause death (iii) weapon of offence seized u/s 27 of IEA (iv) DNA
report showing victim’s blood was present in the accused’s clothes (v) last seen witness and (vi)
extra-judicial confession witness. As Anam was very poor and could not engage his advocate, a
State Defence Counsel was provided to him for the purpose of the trial.

The trial court conducted a camera trial and held the accused Anam guilty of murder and rape on
26th June 2011. He was sentenced to death. The sentence was pronounced on the same day of the
judgment. It is to be noted that the accused was given an opportunity under 313 (1)(b) of CrpC,
but the accused had not spoken anything.

The judgment was referred to the High court for confirmation. High Court confirmed the
sentence. Meanwhile, Anam appealed in the High Court. The High court heard his appeal and
dismissed it in the year 2012. Anam went to the Supreme court against the punishment. He
contended that he committed the crime in a fit of rage, and there was no premeditation. Hence
death sentence was too harsh. Supreme Court heard his petition and dismissed it in the year
2014. Then Anam appealed for a mercy petition to the President of India. The petition lay with
the President for seven years without any decision. So Anam filed a curative petition in the
Supreme Court for reconsidering the sentence in the year 2021.

2
Draft a curative petition on behalf of Anam, reflecting the following points

1. Admissibility of the petition

2. Remission of the death sentence
3. Any other relief you think appropriate

The court-appointed an amicus curie to help the court in arriving at the law point. Draft a
submission by the Amicus Curiae reflecting the issue in a holistic manner.

Problem has been drafted by Sheetal Shinde, Faculty of Law at Madhusudan Law University,
Cuttack.