BEFORE THE HONR’BLE SESSION JUDGE OF

GHAZIABAD

CRIMINAL CASE. OF 2019

IN THE MATTER OF

STATE OF UTTAR PRADESH……………………………….……….……VICTIM

VS

SURESH AND OTHERS…….……………………………………………. ACCUSEDS

BEFORE THE HONR’BLE SESSION JUDGE OF GHAZIABAD

WRITTEN SUBMIS SION ON THE BEHALF OF VICTIM

HR INSTITUTE OF LAW

Submitted by.
Name:
Roll No.
 CONTENTS

Index of Authorities……………………………………………………………….

A. Abbreviations ………………………………………………………………..

B. Books……………………………………………………….………………..…..

C. Statutes……………………………………………………….…………………

D. Websites…………………………………………………………………………

Statement of Jurisdiction……………………………………….….…………..

Statement of Facts……………………………………………….………………..

Issues Raised……………………………………………………….…………………

Arguments Issues…………………………………………..………………………

Prayer…………………………………………………………………………………….

ANNEXURE 1
ANNEXURE 2
ANNEXURE 3
ANNEXURE 4
ANNEXURE 5
 INDEX OF AUTHORITIES
A. ABBREVIATIONS
& And
A.L.R All India Reporter
A.P Andhra Pradesh
Am Another
Art Article
Cr. LI Criminal Law Journal
CrPC Code of Criminal Procedure
Del Delhi
FB Full Bench
Govt. Government
Gau. Guahati
H.C High Court
H.P Himachal Pradesh
Hon’ble Honorable
I.P.C Indian Penal Code
I.O. Investigating Officer
Kar. Kamataka
Ker. Kerala
Mad. Madras
Ors. Other
P&H Punjab And Haryana
SC Supreme Court
Sec Supreme Court Case
U.O.I Union Of India
 B. BOOKS

1. K.D GAUR, Commentary on the Indian Penal Code (2nd ed. Universal Law
Publ’g 2013
2. S.C Sarkar, 3 Commentary on the Indian Penal Code (3rd ed. Dwivedi Law
Agency 2011)
3. Batuk lal, 2 Commentary on the Indian Penal Code (2nd ed. Orient Publ’g
2011)
4. Ratan Lal, & Dhiraj Lal, Commentary on the Indian Penal Code (31st ed.
Wadhwa & 2006)
5. M.P. JAIN, INDIAN CONSTITUTIONAL LAW (6th ed. Lexis Nexis Butterworths
Wadhwa, Nagpur 2010)
6. P.S.A. PILLAI, CRIMINAL LAW (13th ed. Lexis Nexis New Delhi 2017)
7. Sir Dinshah Fardunji Mulla Hindu Law (21st ed. Lexis Nexis)
8. Mayne, Hindu Law and Usage (15th ed. Bharat law House)
9. Dr. Gurbax Singh, The Principles of Hindu Law (Vinod Publications 2009).
 C. STATUTES

1. THE CONSTITUTION ON INDIA

2. THE INDIAN PENAL CODE, 1860
3. THE CODE OF CRIMINAL PROCEDURE, 1973
4. THE INDIAN EVIDENCE ACT,1872

D. WEBSITES

1. http://www.supremeccourtofindia.nic.in
2. http://www.scconline.com
3. http://www.manupatra.com
4. http://www.jstor.org
 STATEMENT OF JURISDICTION

This Honourable Court has jurisdiction to hear and decide criminal cases
arising within its territorial jurisdiction, including those pertaining to the
offenses enumerated in the FIR lodged by Nalini's parents against Suresh
and his friends.
 STATEMENT OF FACTS:

1-Nalini and Suresh were engaged in a living relationship since October 1,

2019.

2-Despite Nalini's refusal for marriage due to family issues, Suresh persistently
pursued her.

3-On October 1, 2020, while Nalini was returning from work, Suresh and his
friends abducted her in a cab.

4-They subjected Nalini to physical torture, sexual assault, and rape.

5-Despite Suresh's initial objection, they continued to assault Nalini and

eventually stabbed her before disposing of her body in the Hindan river.

6-Nalini's parents filed an FIR against Suresh and his friends under sections 34,
364, 376(D), 120(B), 201, and 302 of the Indian Penal Code.
 ISSUES RAISED

ISSUE 1 :

Dir Suresh and his friends are liable for rape against nalini ?

ISSUE 2:

Did Suresh and his friends commit the acts of abduction, physical torture, and
sexual assault against Nalini?

ISSUE 3:

Was Nalini's death a direct result of the actions of Suresh and his friends,
constituting murder and try to disappear the evidences?

ISSUE 4:

Did Suresh's objection during the sexual assault demonstrate a genuine

attempt to prevent the assault, or was it insufficient to absolve him of liability?

ISSUE 5:

Was there sufficient evidence to establish a criminal conspiracy and common

intention between Suresh and his friends to commit the alleged crimes?
 ARGUMENTS ON ISSUES:

1. Dir Suresh and his friends are liable for rape against nalini ?

The fact that Suresh and his friends forcibly assaulted and raped Nalini under
section 376D of Indian penal code,1860.

2. Did Suresh and his friends commit the acts of abduction, physical torture,
and sexual assault against Nalini?

The forcible abduction of Nalini in the cab, followed by physical torture and
sexual assault by Suresh and his friends, constitutes abduction and assault
under IPC Sections 364 and 323, respectively.

Was Nalini's death a direct result of the actions of Suresh and his friends,
constituting murder and try to disappear the evidences?

The stabbing of Nalini and throwing her into the river, leading to her death,
unequivocally constitutes murder under IPC Section 302. By disposing of
Nalini's body in the Hindan river, the accused committed an act to conceal
evidence, leading to charges under section 201.Suresh and his friends are
directly responsible for Nalini's demise due to their actions.

Did Suresh's objection during the sexual assault demonstrate a genuine

attempt to prevent the assault, or was it insufficient to absolve him of
liability?

Suresh's single objection during the sexual assault does not absolve him of
liability. Once the assault commenced, failure to take effective measures to
prevent or stop it could render him culpable under IPC Section 376.

Was there sufficient evidence to establish a criminal conspiracy and common

intention between Suresh and his friends to commit the alleged crimes?

The coordinated actions of Suresh and his friends, including premeditated

abduction, assault, and murder, suggest a criminal conspiracy and common
intention. This would be punishable under IPC Section 120B and 34.
 PRAYER
Wherefore, in light of the issues raised, arguments advanced and authorities
cited, may this

Hon’ble Court be pleased to:

1. Declare and adjudge that all accused acquit under section

364,201,34,120B,376D,302 of Indian penal code,1860.

2. Uphold the conviction of the Hon’ble Sessions Court.

AND/OR

Pass any other order, as it deems fit, in light of justice, equity and good
conscience. All of which is most humbly and respectfully submitted

Place…… S/d: _PUBLIC PROSECUTOR

Date……….
 ANNEXURE 1

1. Nalini's forensic reports.

 ANNEXURE 2
1. Nalini's medical reports.
 ANNEXURE 3

1. Nalini's DNA reports.

 ANNEXURE 4

2. Medical and DNA reports of Suresh and his friends.

ANNEXURE 5