ALC NATIONALS’ RANKING MOCK TRIAL ADVOCACY

COMPETITION 2023
[29th to 30th September 2023]
Proposition

1. Kombir is a scheduled tribe from the Mithilapur district in the state of West Bongul. People
belonging to the Kombir tribe speak their distinct tribal language called “Kombiri'' and because
of this they are addressed as “Kombiris”. They use two surnames in common, Boitro for men
and Maitreyi for women. They are inherently hunters and the main source of their income is
through selling handcrafts and forest resources. They live near the jungle areas. Kombiris
follow their own customs for marriages etc. It is very common amongst Kombiri men to wear
bindi, bangles and colorful chains with beads. They are a protected minority community as per
various statutory provisions of the laws passed by the State Government as well as the Central
Government. The total population of Kombiris is less than 10000 and the number of people
who have gone to school from the community are less than 1% till date.

2. Samarth Maitreyi (19 years old) was from the Kombiri community. In 2005, the West Bongul
State Government sent a team for the research purposes and the officers who came to his village
got impressed by the speaking skills of Samarth and requested the Government to start a school
in their village for the betterment ofthe community. The school was set up and Samarth passed
his intermediate in 2020with the second highest score in the West Bongul state and he received
a scholarship from the Government. He chose to go for the coaching of Medical Entrance Exam
Test (MEET) to become a doctor and to serve his community. He was the first person to pass
intermediate from his community. He cracked MEET inhis first attempt with AIR 200. He had
multiple offers to choose from and finally chose Kavishwar Institute of Medical Sciences
(KIMS) Ashwinigarh, a city inWest Bongul, which was roughly 120 kms away from his
village. He chose the place because he could visit his family often. Samarth was a single child

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 of his mother Angoori Maitreyi and she raised him on her own as his father passed away when
he was one. Samarth was given the surname Boitro initially, but before leaving for college, he
changed his surname to Maitreyi by saying that “I was raised by my mother all alone, this is
to respect her.”

3. As he was offered with the scholarship and he belonged to the ST category, Samarth’s entire
fees including tuition, lab, hostel and other expenses were waived off. A big puja was
conducted in the village as it was a ritual to be conducted before someone from the
community leaves the village. The (pradhan) head of Kombiris handed over him a “Taaju”, a
knife like weapon, which is allowed as perlaw to be carried by Kombiris, and instructed him
to carry it whenever he would step out of his hostel room.

4. With a heart full of dreams he stepped into the campus of KIMS and he was allotted a room in
the AKT Boys hostel, room no 101, on the first floor, along with a roommate named Sharan
from his batch. The very same day itself, Sharan asked the warden to change the room and
later two more boys who were allotted the room with Samarth asked for the room change.
Samarth believed that these boys were not willing to share the room with him due to the caste
discrimination and was disheartened. Even though there were problems like this, still he
continued his studies with all the zeal. Anirban was his classmate and was from a family with
a sound political background. His grandfather was the mayor of his hometown and his father
was a Municipal Councilor. Anirban and Samarth became really close friends and Anirban
requested the hostel warden to allot the room with Samarth. They used to spend time together
even after classes in the cafeteria, library, park etc. and even used to walk by holding hands.

5. There was a friends group of fourboys in their class named “The Lucifers” and they never
missed a chance to tease Anirban and Samarth for not being masculine enough according
to them. Therewas a page on Instagram named @kims_confessions. The students used to share
anonymous messages on this group. The MBBS student strength of KIMS was 500 and this
page was followed by most of them. It was more of a meme page, but students used to share
their unsaid love, feelings etc. on that. Between January 2023 to March 2023, 55 anonymously
sent messages were posted on this page, out of which around 30 were about Anirban and

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 Samarth. These messages claimed andalleged that Samarth and Anirban were homosexual.
Samarth got devastated after this.

6. As an answer to these posts, Anirban posted a photo of Samarth on his Instagram with the
caption “My Apricity”. Yuvaan, who was the member of Lucifer groupwas a youtuber with
a million followers and his father was the HOD of the Neurology department at KIMS. He
made a vlog “a day in my life at KIMS” and posted it on YouTube on 2nd April, 2023. In that
video there was a 15 secondsportion which shows Anirban and Samarth, in which Anirban was
lying on the shoulder of Samarth and they were holding hands, this was shot from the side
viewand Yuvaan’s voice over was “The weird and odd medico couple of KIMS and no one
can stop their cringe affection for each other”.

7. This video was viewed by over 670k people on YouTube and Anirban’s father was humiliated
by the opposition party members in the Municipal Council meeting due to this. Anirban was
scolded by his father and was told to pack his bags, and return home within 2 days. Samarth
got angry and went to the Lucifer group to express his dissatisfaction. He was beaten by them
in front of the students very badly. He had bruises on his chest and face. This was shot by many
students who were the spectators of this incident.

8. Samarth went to complain about the issue to the student welfare department. They didn’t
entertain his complaint and on the contrary they labelled him as the reason for all the problems.
Anirban’s father reached KIMS on 5th April, 2023 to take him back home and the student
welfare department, upon the complaint of Anirban’s father, suspended Yuvaan and his
friends. Outside the student welfare office, Anirban’s father warned Samarth to stay away
from his son and he will go to any extent to save the reputation of his family.

9. Anirban left KIMS in tears with his father leaving all his dreams and Samarth behind. The
Lucifer group told Samarth that he is a zero without Anirban and they will answer him back
for the suspension once they reach the campus. On 5th April,2023 at around 4pm, Samarth
received a call from his mother. She was crying on the call and said to him that she doesn’t
have anyone other than him, so he mustbecome a doctor and be a role model to all the kids in

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 their village.

10. Malaiva is a coastal area at Ashwinigarh and is around 25 kms away from KIMS campus. On
6th April 2023, a group of fishermen were arranging their nets for fishing, when they saw a
body hanging from a cannonball tree in the compound of an abandoned building of the old
harbor. They suddenly dialed to the police control room. As soon as the police received the
call, they rushed to the location and reached the spot by 7am. The body was hanging from the
height of around 11 feet from the ground and it was hanging on a thick, yellow coloured new
plastic rope which was around 10 mtrs long. The fishermen claimed that as it is an abandoned
area where none of the street lights work during night.

11. After the inquest, the body was sent to KIMS, Ashwinigarh for the autopsy as it was the nearest
medical college. Upon information received by the police, Samarth’s mother and a few people
from the village reached the campus. The bodywas received by the family after post mortem
on the same day and they noticed the bruises on his face. Few students informed the media
about the death of a tribal student at KIMS after which, the campus was flooded with
journalists. Samarth’s mother refused to take the body back to the village and they started
protesting in front of the Dean’s office.

12. She claimed that her son doesn’t know how to climb tree as he was terrified after falling from
a tree while trying to climb it when he was small and he never tried to learn it again. The head
of the village said that his “Taaju” was also not found on the spot and he would never leave
his room without that. Upon searching the room, police found that his ‘taaju’ was in the room
and his books were kept open on the table and there was a half cup of chai and a few biscuits
nearby, the clothes were in the bucket in the bathroom and the fan and lights were also on.

13. The CCTVs on the ground and first floors were not working on 5th April 2023 and the footages
were only available till 3rd April 2023. As the situation in the campus was getting worse, the
commissioner of police came to mediate and promised Samarth’s family justice and fair
investigation. And after this, the body was taken back to the village. Upon receipt of the
autopsy report, police started investigation and during the investigation they found that

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 Anirban’s father was at Samarth’s house on 5th April 2023.

14. The mobile phones of all The Lucifers members were switched off the entire day and the last
tower location of two of them were near the AKT Boys Hostel. Along with that, few students
in the hostel claimed that they saw Yuvaan’s white fortuner car entering and exiting the hostel
compound in the evening of 5th April. After knowing about the incident, Anirban tried to cut
his hand and was hospitalized.

15. After the investigation, based on the circumstantial evidence, the police submitted the charge
sheet under sections 34, 120B, 193, 302, 351, 363, 325 of IPC, 1860, Sections 3 (1) (e), (r),
(s), (u), (z), (za) (D), (zb), (zc) of the SC-ST Prevention of Atrocities Act, 1989 and Section 4
of the West Bongul Prohibition of Ragging in Educational Institutions Act, 2000 against
Yuvaan and Ryan, one of the members of the group, on 7th June 2023.

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 ANNEXURE – 1

MEDICAL EXAMINATION REPORT KIMS, ASHWINIGARH

Name Samarth Maitreyi

Gender Male

Age 19

Height 5’9

Weight 62 kgs

Identification marks A black mole on right nose

By Dr. Tanmay Banerjee

Clothes Blue checkered boxers and Gray T shirt

The right and left pleural cavity contains 10 ml of clear fluid with
General Physicalexamination no adhesions. The pericardial sac is yellow, glistening without
adhesions or fibrosis and contains 30 ml of a straw colored fluid.
There is minimal fluid in theperitoneal cavity.

BP NA

Respiration NA

Signs of intoxicationby drugs Slighter traces of Escitalopram Oxalate found in blood

Examination of clothes Were perforated

Stains on the body Some old blood stains

Injuries on the Body Many old and recent bruises throughout the body

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 ANNEXURE- 2

AUTOPSY REPORT

● Deceased – Samarth Maitreyi

● Gender – Male
● Age – 19 Years Old
● Date and Time of Death – 5th April 2023, between 8-9 Pm
● Date and Hour of Autopsy – 6th April 2023 – 10 am
● Police Surgeon – Dr. Tanmay Banerjee

FINAL DIAGNOSIS –
1. The cause of death is asphyxia due to strangulation.

SIGNIFICANT FINDING –
1. Spinal cord below neck was broken from the pressure of hanging.
2. Slighter traces of Escitalopram Oxalate found in blood.
3. There were 20+ small, medium and large sized old and new bruise marks
4. Body was brought for autopsy in the condition of Livor Mortis

ADDITIONAL PERSONNEL PRESENT AT AUTOPSY – Asst. Government Surgeon

Signature,
Dr. Tanmay BanerjeeGovernment Surgeon

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 ANNEXURE – 3

FIRST INFORMATION REPORT

(Under Section 154 of the Code of Criminal Procedure, 1973)

PERSONAL DETAILS OF COMPLAINANT/INFORMANT:

Name – Angoori Maitreyi
Address – Bhamja Village, Mithilapur, West BongulPhone Number Ph. No. - 9123456789
Place of Occurrence – Ashwinigarh
Date of Occurrence – 5th April, 2023

Nature of Offence – Criminal Conspiracy, Murder, Ragging and offences against Tribal and
Indigenous people

Sections (To be decided/written by officer only): Sections 120 B and 302 ofIPC, 1860,
Section 3 of SC-ST Prevention of Atrocities Act, 1989 and Section 4 of the West Bongul
Prohibition of Ragging in Educational Institutions Act, 2000
Description of Accused –
Accused no 1. Yuvaan Bose, S/o Dr. Arindam Bose
Address - 32A, Guri Para Road, Calcutta, West Bongul
Accused no 2. Ryan Philip, S/o Joseph Kora Philip
Address - 38A St, Cherry Hills, New Jersey

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COMPLAINT – Briefly laying down the facts regarding the incident -
It is humbly requested that my son Samarth Maitreyi 19 years old was an MBBS Student at KIMS,
Ashwinigarh. My son was subjected to ragging and physical and mental abuse due to his caste. I
received a call from the police station on 6th April 2023 from the police station saying that my son
was met with some mishap and to reach KIMS soon. When I reached I saw my son’s body was
kept outside the mortuary. They said he had committed suicide by hanging. Samarth didn’t know
how to climb a tree and he was afraid of darkness too. He was a determined boy and would never
commit suicide under any circumstance. Hence, it is requested to take suitable action as per the
complaint given by me.

Complainant – Angoori Maitreyi

Signature of the station in-charge(Inspector)

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 ANNEXURE 4
WITNESS STATEMENTS
(Under Section 161 of the Code of Criminal Procedure, 1973)

PROSECUTION

PW 1: Ms. Angoori Maitreyi Occupation – Heirloom Artist

Samarth was the gift that god sent to me. I gave birth to Samarth with a lot of difficulties as I had
multiple abortions before him due to malnutrition. My husband passed away when Samarth was 2
years old and after that he was my whole world. He was a very smart and brave boy, he enjoyed
studying more than anything and used to sit and read for prolonged hours in the light of kerosene
lamp. He was the second highest scorer in the intermediate board exams and the entire village
celebrated my baby’s victory. He didn’t go to KIMS just to become a doctor, but to serve the society
and he was the bearer of the dreams of each and every Kombiri in our village. He was four years
old when he fell down from the mango tree and got multiple fractures and after that he was terrified
to learn tree climbing again. I talked to him on 5th April 2023 at around 6 pm and he sounded
really worried as Anirban was disturbed. On 5th April I couldn’t sleep much and I decided to go
andmeet him within a week with his favorite mangoes and it was by around 8:30 am on 6th April
that I received the call from the police station by saying that there has been some mishappening
with my kid and to reach KIMS immediately, we reached thereby 11 am and what I saw was my
baby’s body wrapped in white cloth. He will never commit suicide and his friends told that some
students from his batch have beaten him badly.

PW 2: Mr. Rakshit BhattacharyaOccupation – Investigative Officer

I’m the circle inspector at Malaiva Police Station, this place is comparatively a peaceful place and
the crime rate in the locality is very less. We hardly have any grave offences registered under the
jurisdiction of our police station. It was on 6th April when we received a call from a local fisherman

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saying that a body was seen hanging from a cannonball tree. I instructed the constable to make the
entry in the register and we left for the spot. After the inquest, we sent the body for autopsy to
KIMS. And we searched the place and couldn’t find anything. There were no signs of tussle and
the boy was wearing a blue checkered boxer and a gray round neck t-shirt. After one hour while
the autopsy was going on, I was called by the Academic Dean of KIMS to his office and mentioned
that the deceased is a studentof KIMS and they will cooperate with us for the investigation, but
in return I should cooperate with them to save them from the media trial. I assured him of an honest
and professional investigation from our end. Then we headed to search the room and upon reaching
we saw chai and biscuits were on the table near the books kept open. Lights were on and in the
bathroom dry towels and clothes were kept onthe stand and some clothes were found soaked in
the detergent. Mobile chargingplug was on and the Taaju was found in his cupboard. His slippers
were found beneath the bed. CCTV footage from the mess shows that he had not gone to the mess
on 5th and 6th April for any meals. Yuvaan and his friends were taken into custody for questioning.

Two members of Lucifer group were in Goa for their friend’s bachelor party and they were not
involved in the fight as well. Therefore, we were left with Yuvaan and Ryan Philip. Upon
investigation, we landed up on some interesting facts about the envy between Lucifer group and
Samarth. In the autopsy report it was mentioned that there were 20+ new and old bruises on the
body and the cause of death is mentioned as Asphyxia. Upon further investigation, we ruled out
the chances of suicide one by one and upon circumstantial evidences, framed the chargesheet under
sections 34, 120B, 193, 302, 351, 363, 325 of IPC, Sections 3 (1) (e), (r), (s), (u), (z), (za) (D),
(zb), (zc) of the SC-ST Prevention of Atrocities Act, 1989 and Section 4 of the West Bongul
Prohibition of Ragging in Educational Institutions Act, 2000, against Yuvaan and his friend Ryan
Philip.

PW 3: Mr. Anirban Sen GuptoOccupation – Student

I’m still in shock that my Samy is no more. He was the most ambitious person I’ve ever met in my
life. His dream was to start a clinic in his village to serve the community. He has mentioned to me
that some students in our class used to make fun of him for carrying the Taaju and they used to
call it with mean names and passlines like “Gaas poos kaatne ko aaye ho ya padne” etc. I always

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motivated him to ignore such silly things in front of his ultimate aim to be achieved. He was
devastated when they started to question our bond in the name of our sexuality. I believe that it is
something private to an individual and I wonder how such narrow minded people could exist in
this 21st century who assumed someone’s sexual orientation based on their voice, color, dress or
accessories! My father was humiliated in the municipal council and I understand that he would
have been so angry at the moment. After reaching home with me, he cried a lot and asked me to
take migration to another medical school and that day I slept with him and Amma. Next day when
I got to know Samy was no more, I couldn’t believe it and felt like my world had come to an end.
I wanted to go with him too, to a world where noone will judge us if I lie down on his shoulder or
hold his hands. So, I cut my hand and I was unconscious for the next three days.

PW 4: Dr. Tanmay BanerjeeOccupation – Police Surgeon

I received the body for the autopsy and medical examination on 6th April, 2020. The body was in
Livor Mortis condition. There were more than twenty small, medium and large sized old and recent
bruise marks in various colors on the body of the deceased. His spinal cord was broken just below
the neck and it was due to the hanging pressure from the tree. The stretch marks on the neck of the
deceased have created some fresh wounds, but there was no bleeding. There were no traces of
feces or urine found in the clothes. The cause of death is asphyxia due to strangulation which could
either be hanging or ligature strangulation as there are multiple injuries and bruises.

DEFENCE

DW 1: Mr. Yuvaan BoseOccupation – Student

I belong to a family of doctors and we believe in serving the society and lives and not taking it
away. I’m a youtuber with more than 1 million followers, “A day in my life” was a highly requested
video by my subscribers. And I had no envy with Anirban and Samarth and I’m in favor of
homosexual relationships. I have considered Anirban and Samarth as my friends and it was
because of that I used to make friendly comments. In my video I haven’t said anything demeaning

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about them, my subscribers are mostly school-college students and young professionals and they
are very much chill with the vibe I give through my videos. On the day of the fight, Samarth came
with the anger to kill me, and he unwantedly created a scene. Hardly few people in our college
knew about their relationship and after thatincident everyone knew why he was wearing colorful
clothes and bead chains. We had to beat him for self-defense and we were suspended by college
authorities. After that I was in my house and I didn’t talk to any of my friends.

DW 2: Mr. Ryan PhilipOccupation – Student

I don’t like government colleges and government hostels. I had cried and told my dad that I don’t
want to leave the USA. But he wanted to see me as a doctor, that too with a degree from his
motherland and I had to come here. I don’t stay in the college hostel because it is so gross. I live
in my own apartment. I was in the anatomy lab when Yuvaan called and said that Samarth is
creating a scene. I didn’teven touch him and he started yelling at me. He was playing a victim card
game there against us, my dad was so angry at me after the Dean called and told him about my
suspension. In my opinion, management should do a criminal background check of students
before giving admission, otherwise innocents like us will rot in jail. Samarth has committed suicide.
I neither have any role in it nor any knowledge about it.

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 ANNEXURE – 5
CHARGE SHEET
(Under Section 173 of the Code of Criminal Procedure, 1973)

In the Hon’ble Court of Ashwini Garh, State of West Bongul

Name of the Branch Malaiva

F.I.R No. IC-04/2023

Date 6th April, 2023

Final Report/Charge Sheet No 0634/2023

Date 7th June, 2023

Sections of Law Sections 34, 120B, 193, 302, 351, 363, 325
of IPC, Sections 3 (1) (e), (r), (s), (u), (z), (za) (D),
(zb), (zc) of the SC-ST Prevention of Atrocities Act,
1989 and Section 4 of the West Bongul Prohibition of
Ragging in Educational Institutions Act, 2000

Type of Final Report Final

If final Report Un-occurred false/Mistake

of fact/Mistake of Law/Non- Not Applicable
Cognizable/Civil nature

If Chargesheet is original or
Supplementary Original

Name of Investigating officer Mr. Rakshit Bhattacharya

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 Name of the Complainant Smt. Angoori Maitreyi

CHARGE SHEET
(Under Section 173 of the Code of Criminal Procedure, 1973)
Particulars of Accused Persons Charge Sheeted(A-1)

Name Yuvaan Bose

Whether verified Verified

Father’s name Arindam Bose

Age 19 years old

Sex Male

Nationality Indian

Religion Hindu

Occupation Student

Address 32A, Guri Para Road, Calcutta, West Bongul

Whether verified Verified

Date of Arrest 10th May 2023

Date of Bail Not granted

Sections Sections 34, 120B, 193, 302, 351, 363, 325 of IPC, Sections
(of charge sheet) 3 (1) (e),
(r), (s), (u), (z), (za) (D), (zb), (zc) of the SC-ST Prevention
of Atrocities Act, 1989 and Section 4 of the West Bongul
Prohibition of Ragging in Educational Institutions Act, 2000

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 Name of Bailer NA

Previous convictions with

case reference NA

Status of Accused In Judicial Custody

Particulars of Accused Persons Charge Sheeted(A-2)

Name Ryan Philip

Whether verified Verified

Father’s name Joseph Kora Philip

Age 19 years old

Sex Male

Nationality American

Religion Christian

Occupation Student

Address 38A St, Cherry Hills, New Jersey

Whether verified Verified

Date of Arrest 15th May 2023

Date of Bail Not granted

Sections Sections 34, 120B, 193, 302, 351, 363, 325 of IPC, Sections
(of charge sheet) 3 (1) (e),
(r), (s), (u), (z), (za) (D), (zb), (zc) of the SC-ST Prevention
of Atrocities Act, 1989 and Section 4 of the West Bongul
Prohibition of Ragging in Educational Institutions Act, 2000

Name of Bailer NA

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 Previous convictions with
case reference NA

Status of Accused In Judicial Custody

ANNEXURE – 5 CHARGE SHEET

(Under Section 173 of the Code of Criminal Procedure, 1973)

 Investigation has brought on record that the accused no 1 with his accomplice and co-
accused no 2 with the envy against the deceased which started with the homophobia and
racism against the deceased and his friend PW3 have subjected the deceased to ragging
and brutal physical abuse.Later they have abducted the deceased from the hostel and have
murdered the deceased by strangulating and manhandling him and have hung him on the
cannonball treein the abandoned fish harbor compound. Therefore, further charge sheet
should be filed under the following sections against the accused persons.

 The sanction for prosecution against the aforesaid accused persons under the above-
mentioned section has been obtained from the competent authority.

 All the aforesaid offences have been committed within the jurisdiction of this Hon’ble
Court. Hence, this Hon’ble Court has the jurisdiction to try the above offences.

 It is therefore, prayed that this Hon’ble court may be pleased to take cognizance of the of
offences as mentioned above against the aforesaid accused persons and issue due process
against the accused persons

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List of Enclosures Annexure 1 (Medical Report)
Annexure 2 (Autopsy Report)
Annexure 3 (F.I.R)
Annexure 4 (Written Statement)
Annexure 5 (Police Report)

Signature
Rakshit Bhattacharya Circle Inspector of Police

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