INSTITUTE OF LAW

Maharaja Surajmal Brij University, Bharatpur

Email- legal@msbrijuniversity.ac.in
Website – www.msbrijuniversity.ac.in

MOOT PROBLEM

Neha who is married, aged 25 is a resident of Noh village, Jaipur. She regularly travelled by
Shatabdi train running between Phulgaon (village in South District of Rajasthan) and Noh. On
02/08/2023, she was found in an unconscious state in a forest near the Noh Railway Station around
9.00 pm and she was taken to Health Government Medical College Hospital, Jaipur, where she
succumbed to injuries around 2.00 pm on 03/08/2023. Ramesh aged 35, is an employee of Verna
car service and was very friendly with Neha and both used to meet often at the Noh railway station.
On August 4, 2023 police took into custody accused Ramesh, of Sakeetra village in the Eastern
District of Rajasthan on charges of Rape and Murder of Neha (deceased). Ramesh had a history of
convictions for committing minor crimes. As per the prosecution witness Mohan, who owned a
tea and snack stall at the Noh railway station, both Ramesh and deceased Neha were walking
together towards the end of the Noh railway platform on 02/08/2023 and further both moved
towards the direction of the forested area and disappeared after that. He said that he remembered
both as they were frequent visitors at his stall for a cup of tea.

The injured Neha was found lying in the pool of blood and was seen by one Mr. Bobby who was
passing by the forested area on 02/08/2023 late in the evening. Mr. Bobby who is also a prosecution
witness expressed that he heard the sound of a lady moaning and that when he reached the scene
of the crime Neha was lying in an unconscious state. Mr. Bobby sounded nervous when he tried
to contact the police. Upon police interrogation, Mr. Bobby admitted that he was acquainted with
deceased Neha as she was Mr. Bobby’s good friend’s wife. Mr. Bobby who is a car mechanic is a
close friend of deceased Neha’s husband Suresh. He further stated that Suresh was fed up with
deceased Neha and there used to be repeated quarrels between them as Suresh was tensed and
irritated with closeness of Neha with Ramesh.

The police referred the body of the deceased Neha for post mortem report. An evidence that came
to the notice of the police at the crime scene was the railway ticket dated 02/08/2023 in the name
of Ramesh that was procured from the purse of deceased Neha. This travel ticket was of Shatabdi
train running between Phulgaon and Noh. The police also found a car jack that was at a distance
of 50 mts from the crime scene that had traces of victim’s blood. Further, DNA samples were
collected from the site of the crime and victim Neha’s body were compared with Ramesh (accused)
samples. A button of shirt of the accused was found on the ground beneath the body of the
deceased. Further, the deceased fingernails had traces of skin cells of the accused. Also, upon
medical examination of the accused, it was revealed that the body of the accused had fingerprints
of the deceased Neha. Traces of semen of accused were found in the victim’s body and clothes.

The police also took into custody mobile phone of deceased Neha which was in possession of
Suresh. The communication between deceased Neha and Ramesh that were through messages were
tracked from the mobile phone by the police. During interrogation, Suresh expressed doubt that
deceased Neha in hurry on 02/08/2023 must have left her mobile at the residence.

A few people saw the accused Ramesh, in the Shatabdi train and few other people noticed him
near the Noh bus stop in the vicinity of the Noh railway station. During police investigation, it was
found that few days before the incident, the accused tried to tease a girl named Priya, one of the
friend of the deceased Neha in her presence, at Noh railway station. The deceased Neha objected
to this act of accused. As a result of this, the accused threatened and scolded both of them of the
dire consequences, if they complained to the police. The girls without fear of threat filed a
complaint against the accused at Noh Police Station and the police registered an FIR against the
accused and the police investigation was going on in this matter.

Forensic surgeon Dr. Anjali from the Health Government Medical College Hospital, who
conducted the post-mortem mentioned in the report that there were about twenty injuries in the
body of the deceased and the death was mainly due the result of injuries no. 1 & 2. She opined
clearly that the first injury, “Lacerated wound with a surrounding abraded contusion on left side
of forehead, abraded contusion on left side of forehead above eye brow, and contusion of left
temporalis muscle, involving its whole thickness. The left orbital margin showed a fissured
fracture. The floor of left side of anterior cranial fossa also showed a fracture. There is traumatic
disruption of stem of pituitary gland and left frontal lobe of brain showed multiple areas of
hemorrhage”, which was due to hitting of the victim’s head with a hard object. “The second injury
is because of aspiration of considerable amount of blood resulted in anoxic brain damage, arisen
out of forcible sexual intercourse in the supine position”.

This criminal case is fixed for final arguments before the Sessions court, Jaipur and the accused
Ramesh is charged u/s 376 and 302 of IPC.

Prepare the memorial for both sides and argue the same.

Moot Court Rules

Inside the court room the participants shall follow the below mentioned dress code:

• Females: White salwar kurta & dupatta or western formals i.e. white shirt and black trousers
along with black coat ,tie and black shoes

• Males: White shirt, black trousers, black tie along with black coat and Black shoes.

1. Memorial Structure: The memorial must have following pages only:

 Cover Page – The cover page shall contain the case title, side of the memorial, name of the
Court etc.
 Table of Contents
 List of Abbreviations
 Index of Authorities
 Statement of Jurisdiction
 Statement of Facts
 Issues Raised
 Summary of Arguments
 Pleadings /Arguments Advanced
 Prayer
2. Content Specifications: The following content specifications must be strictly adhered to:
 Font and Size (General) - Times New Roman, 12 pts
 Line Spacing (General) - 1.5 lines
 Font and Size (Footnotes) - Times New Roman, 10 pts
 Line Spacing (Footnotes) - Single line
 Page Margins - 1 inch on all sides
  The Hard Copies of the Memorial shall be printed on only one side.
 The citation should be in compliance with the 21st edition of Bluebook.

The cover page must be Blue for Petitioner/Appellant and Red for Respondent.

Note: Memorials shall be submitted on May 7, 2024 by 2 pm. Orals will be held on May 8,
2024