MOOT COURT COMPETITION

AL-AMEEN COLLEGE OF LAW, BANGALORE

BEFORE THE HONOURABLE SUPREME COURT OF INDIA

RAM ……………………………..…………………………………………….PETITIONER
(APPELLANT)

THE STATE OF MAHARASHTRA ………………………………………...RESPONDENT

(COMPLAINANT)

MEMORIAL BEHALF OF RESPONDENT

 MOOT COURT PROBLEM – 1 (CRIMINAL)
AL AMEEN COLLEGE OF LAW, BANGALORE
Table of Contents

List of abbreviations ………………………………………………………………

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

Statement of Jurisdictions …………………………………………………………

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

Statements of Issues ……………………………………………………………….

Summary of Arguments …………………………………………………………..

Arguments in Advance ……………………………………………………………

Issues

1. Whether the appeal is maintainable?

1.1 . The apex court has the jurisdiction to accept or reject the appeal.
1.2 . Punishment is death sentence so appeal can me maintain by Supreme Court.
1.3 . The right of appeal must be expressly provided by the Statutes.
1.4 . Rights of the accused person to appeal in Supreme Court under jurisdiction.
1.5 . Rights of the Accused person to appeal in Supreme Court under Conditions.

2. Whether the Judgment given by the lower court is valid?

2.1 . Valid because of Circumstances evidence also direct evidence.
2.2 . Witness and Trail processed under the law and order of the state High Court.
2.3 . Committed crime was very cruel and not possible to continue in Society so
Punishments must be hard.
3. Whether a person be convicted only on the basis of Circumstances
Evidence?
3.1 . Yes possible to convict only on the basis of Circumstances evidence when less
direct evidence leads to the accused party side.
 LIST OF ABBREVIATIONS
GC - General counsel

J - Judge or Justice

JJ - Judges or Justices

Pet’r - Petitioner

Pl. - Plaintiff

Pls. - Plaintiffs

XN - Examination in chief

anor - Another

art - Article

b/c - Because

c. - Chapter

c/a - Complaint

CB - Casebook

Jx - Jurisdiction

K - Contract

n/k/a - Now known as

No. - Number

Ors - Others

P - Page

Pet. - Petition

Pp. - Pages

Relv. - Relevant

s. - Section

sd - Said

SI - Statutory instruments

S/J - Summary judgment

v. - Versus

XXN - Cross-examination

CL - Common Law
 INDEX OF AUTHORITIES

BOOKS
Indian Penal Code with Criminal Law ( Amendment Act 2018) S N Mishra

Edition with Classification of Offences & Illustrations by Professionals

Indian Penal Code with Indian Evidence Act Latest Palmlogs 2021

The Constitution of India 17th Edition P M Bakshi

Police Investigation Compendium C h Malhal Rao & N. Aravind Prasad IPS &
M.Manohar Reddy

The Indian Penal Code Ratanlal, Dhirajlal

The Indian Penal Code , 1860 IPC Bright Bare Acts

The code of Criminal Procedure as amended by the Ciminal Law Act 2013 Ratanlal,
Dhirajlal

PSA’s Pillai’s Criminal Law 14th Edition V L Vibhute

Criminal Manual : CrPC , IPC & Evidence Act 2018 Universal Legal Manual

Problems & Solutions on Criminal Law Kishor Prasad

Criminal Major Acts ( CrPC, IPC & IEA) ATC Radhakrishnan

Criminal Major Acts ( Criminal Manual) Himanshu Bangia

The Code of Criminal Procedure by Professionals

The Indian Evidence Act 1872, Bare Act with Short Notes by Universal

Code of Criminal Procedure, 1973 Bare Act CrPC, Criminal Procedure Code, Code of
Criminal Procedure 1973, 2021 Edition by Professionals

Lecturers on Criminal Law (The Indian Penal Code , 1860) Dr.Rega Surya Rao

R. V. Kelkar’s Criminal Procedure K V Chandran Pillai & R.V. Kelkar

Indian Penal Code & Indian Evidence Acts Charts by Vidya Chitr Prakashan `
 STATUTES
IPC Section 302 – Death or imprisonment for life or imprisonment for 10 years

IPC Section 376 – Rigorous Imprisonment of not less than 10 years but which may extend up to
imprisonment for life and with fine.

Section 380 Indian Penal Code

Section 25, 26, 27 of Indian Evidence Act

Section 313 of Criminal Procedure code

Section 154 Criminal Procedure Code

Section 235(2) of Criminal Procedure Code

Section 354(3) of Criminal Procedure Code

Murder (Section 300)

Culpable homicide (Section 299)

Culpable Homicide by causing the death of the person other than the person whose death was
intended (Section 301)

Attempt to murder (Section 307)

Attempt to commit Culpable Homicide (Section 308)

Punishment for murder (Section 302)

Punishment for Culpable Homicide (Section 304)

Punishment for murder by life-convict (Section 303)

The Criminal Law (Amendment) Bill 2018 will amend relevant Sections of the IPC, CrPC and
also POCSO Act.

Section 375 of the IPC made punishable the act of sex by a man with a woman if it was done
against her will or without her consent.

The Criminal Law (2nd Amendment) Act of 1983. A new Section 114A in the Indian Evidence
Act of 1872 was inserted which presumed that there is absence of consent in certain prosecutions
of rape if the Victim say so

Section 228A was asses which make punishable to disclose the identity of the victim of certain
offences including rape.

Under Section 509 of the IPC, obscene gestures, indecent body language and negative comments
directed at any woman or girl or exhibiting any object which intrudes upon the privacy of
a woman, carries a penalty of imprisonment for one year or a fine or both
 Cases
1. Bachan Singh Vs State of Punjab ……………………………(1980) 2 SCC 684 LJ 636
2. Laxman Naik Vs State of Orissa …………..………1995 AIR 1387/ 1994 SCC(3) 381
3. Bheru Singh Vs State of Rajasthan……………………..1994 SCR(1) 559, SCC(3)467
4. The State of Maharashtra Vs Sayeed Mohd. Hanif Abdul Rahim ……..…(2012) Cr.
Appl.
1128/2009
5. Urmila Prasad & Ors. Vs the State of Madhya Pradesh …..………..(2010)CR. Appl.

2598/2000
6. Mahesh Vs State of Madhya Pradesh …………………………….…....(1987)3 SCC 80
7. Sevaka Perumal Vs State of Tamilnadu ……………………………..(1991) 3 SCC 471
8. Mofil Khan Vs State of Jharkhand ………….………………..……….(2015) 1 SCC 67
9. B A Umesh Vs High Court of Karnataka ……………………………..(2011)3 SCC 85
10. Lalit Kumar Yadav @ Kuri Vs State of Uttar Pradesh ….. (2014)Cr.Appl 1022/2006
11. Tej Singh Vs The high court of New Delhi………………………...(2012) SC No.08/10
12. Mitter Sen & Ors Vs State of Uttarpradesh………………………..AIR 1976 SC 1156
13. Devinder Vs State of Haryana……………………………………(1997)SCC (Crl) 570
14. State of Delhi Vs Ramesh …………………………...1998 Criminal Law Journal 4233
15. Rehmat vs. State of Haryana,..1997 Criminal Law Journal 764 = AIR 1997 SC 1526
16. Jagir Singh v. State of Delhi, ……………….……….…………….1975 SCC (Cri.) 129
17.  Husna Vs State of Punjab…………………………..……….………..(1996) 7 SCC 382
18. Vire Singh Vs State of Punjab …………………………………….…(2003)SCC 258(2)
19. State of Uttar Pradesh Vs Sathish ………………………………...(2005) 3 SCC 114(3)
20. Adu Ram Vs Mukna ……………………………………………..….(2005) 10 SCC 597
21. Machhi Singh Vs State of Punjab ……………………………………AIR 1983 SC 957
22. Shailesh Jasvanth bhai Vs State of Gujarat ………………………...(2006) 2 SCC 359
23. Rajiv Vs State of Rajasthan …………………………………………..(1996)2 SCC 175
24. Ram Singh Vs State of New Delhi …………….……………(2013) Cri Appl. No. 1399
25. Kushal Rao Vs State of Bombay ……….……….AIR 1958 SC 22: 1958 (Cri) LJ 106
26. Ram Anup Singh Vs State of Bihar ……………………………(2002) SCC (Cri) 1466
27. Rasheed Beg Vs State of Madhyapradesh..…..(1974) 4 SCC 264:1974 SCC (Cri) 426
28. K Ramachandra Reddy Vs Public Prosecutor……(1976) 3cSCC 618: SCC (Cri) 473
29. SC.No 6580 /16 State Vs Joshna Nand …………….. …….FIR. No. 1029/15 PS. 2017
30. Kharga Bahadhur Pradhan Vs State of Sikkim …………………………………..2015
31. Rakesurung @ Chandran @ Prakash Vs State of Sikkim ……………………….2016
32. Ramesh Vs State of New Delhi ……………………………………………………...2014
33. Dharani Pator Vs State of Assam ……………………………..……..(2003) 2 GLR 554
34. Makesh @ Mukku Vs State of Karnataka………….....(2012) SCC 302 IPC (2010) 71
35. Anand Kushwaha Vs State of Madhyapradesh …………………………………..2019
36. Bhagwani & Sathis Vs State of Madhyapradesh …...................(2017) Cri Appl. 5446

37. Nand Ram Vs Te State of Uttarpradesh ……………….….(2018) J. App. 7497/2007

38. The State of Maharashtra Vs Ankush Maruti Shinde & Ors ……………………2007

39. Arumugam Vs State of Tamilnadu ……………………………………………2018

40. Manoharan Vs Inspector of Police Of Karnataka ………………………………..2019

41. Cr. Appeal No, 1174- 1175………………………………………………….. of 2019

42. Manjeet Pandey Vs State of New Delhi…………………………………………..2020

43. Veena Devi Sharma Vs State of Sikkim …………………….(2014) Cri. Appl. No.07

44. Nishanth harishchandra Salvi Vs The State of Maharastra ……………………..2018

45. Mangal Giri Vs State of UttarPradesh …………...……2018 J.Appl. No. 5108 /2010

46. Sovaran Singh Vs State of Uttarpradesh……....(2018)Capital Case (Appl)2011/2017

47. Jithendra Kushwah Vs The State of Madhyaprasesh ………....(2018) CRPF-08/2018

(Cri) Appl.
5450/2018

48. Rajeshkumar Vs The State of Kerala ……..(2019) Cri Appl.No. 88/14/ SC 682/ 2012

49. Mool Chand Vs State of New Delhi………………………… (2013) Cri Appl No 1353

50. Govindasami Vs State of Tamilnadu …………………………………………..1998

 Statement of Jurisdictions

The Hon’ble Supreme Court has the inherent jurisdiction to try,

entertain and dispose of the present case by virtue of 139(a) of the
Constitution of India, 1950

Article 139(A)(1). Transfer of Certain Cases.

The Supreme Court may withdraw the case or cases pending before the
high court or the high court’s and disposes of all the cases itself.

Statement of Facts

The circumstances referred to above and relied upon by the prosecution have
been conclusively established by the prosecution. They are specific and of a
clinching nature and all of them irresistibly lead to the conclusion that the appellant
alone was guilty of committing rape of Rashmi and subsequently murdering her.

All the circumstances which have been conclusively established are

consistent only with the hypothesis of the guilt of the appellant and are totally
inconsistent with his innocence. Not only in the cross- examination of various
prosecution witnesses, but even during the arguments, nothing has been pointed
out as to why any of the witnesses for the prosecution should have falsely
implicated the appellant in such a heinous crime. None of the witnesses had any
motive to falsely implicate him. None had any enmity with him. The witnesses
produced by the prosecution have withstood the test of cross-examination well and
their creditworthiness and reliability has not been demolished in any manner.

All the circumstances established by the prosecution, as discussed above,

are conclusive in nature and specific in details.

Statements of Issues:
1. Whether the appeal is maintainable?

1.1. The apex court have the jurisdiction to accept or reject the appeal

The Supreme court have the Jurisdiction to decide whether it has interested
in taking the case for further proceedings or to reject the appeal by confirming the
Lower court Judgment. The Hon’ble Supreme Court has the inherent jurisdiction
to try, entertain and dispose of the present case by virtue of 139(a) of the
Constitution of India, 1950.

Any Person aggrieved from the recommendations made under sub-

section (2) of section 13 or under clause (i) or Clause (ii) of sub-section (3) of
Section 13 or Sub-section (1) or Sub-section (2) of Section 14 or Section 17
or non-implementation of such recommendations may prefer an appeal to the
court or tribunal in accordance with the previsions of the service rules
applicable to the said person or where no such service rules exist then,
without prejudice to provisions contained in any other law for the time being
in force the person aggrieved may prefer an appeal in such manner may be
prescribed.

Any person convicted on a trial held by a high court in its extra-

ordinary original criminal jurisdiction may appeal to the Supreme Court
under Section 374.

The appeal under sub-section (1) shall be preferred within a period of

ninety days of the recommendations.
 1.2. If death sentence given as punishment by high court or any lower
court so appeal can me maintain by Supreme Court

An appeal lies to the Supreme Court from any Judgement, final order or
sentence in a criminal proceedings of a high Court if the high court –

a. Has on appeal reversed an order of acquittal of an accused person and

sentenced him to death ,
b. Has, after withdrawing for trial before itself a case from subordinate
court, convicted and sentenced the accused to death,
c. Certifies that the case is a fit one for appeal to the Supreme Court.

1.3. The right of appeal must be expressly provided by the Statutes.

The Statues and Section of the Indian Penal Code and Code of Criminal
Procedure must applicable and allowed the accused party to go for an appeal to
The Supreme Court
1.4. Rights of the accused person to appeal in Supreme Court under
jurisdiction.

When the accused person claim his rights in Constitution to put forward
his side argument before the Supreme Court of India then the claim can be
acceptable under the allowing status and laws.

1.5. Rights of the Accused person to appeal in Supreme Court under

Conditions.

If the high court has, on appeal, reversed an order of acquittal of an

accused person and convicted him and sentenced him to death or to imprisonment
for a term of ten years or more, he may appeal to the Supreme court.

2. Whether the Judgment given by the lower court is valid?

2.1. Valid because of Circumstances evidence also direct evidence.

Yes the Judgment given by the lower court is Valid. In mentioned case
accused person belonging found in the apartment, where the deceased victim
brutally raped and murdered which are mentioned as direct evidence in the crime.
 2.2. Witness and Trail processed under the law and order of the state High
Court.

The trial and proceedings conducted in the high court for Sufficient
period which was enough to the accused person to prove his innocence also he
failed to prove. When the crime happened the accused person was nowhere other
than the crime place he failed to prove the place where he was when the crime
done. There was chance given by the high court to the Accused person whether
he committed the crime or not.

Same as the accused had the problem with deceased girl before the crime
took place. Same the father and Brother of the deceased girl had given complaint
against the Security guard. Because of that Ram (Security Guard) got transferred
to another apartment in same day when the incidents happen. But Ram didn’t
reached the place where he got transferred same he was not appear in any other
Public place near the victim apartment.

2.3. Committed crime was very cruel and not possible to continue in
Society so Punishments must be hard.

The real and abiding concern for the dignity of human life is required to be
kept in mind by the courts while considering the confirmation of the sentence of
death but a cold blooded preplanned brutal murder without any provocation, after
committing rape on an innocent and defenseless young girl of 18 years, by the
security guard certainly makes this case a "rarest of the rare" cases which calls for
no punishment other than the capital punishment and we accordingly confirm the
sentence of death imposed upon the appellant for the offence under Section 302
IPC. The order of sentence imposed on the appellant by the courts below for
offences under Sections 376 and 380 IPC

3. Whether a person be convicted only on the basis of Circumstances

Evidence?

3.1 . Yes possible to convict only on the basis of Circumstances evidence when less
direct evidence leads to the accused party side.
 In the absence of any Direct Evidence, A person can be convicted on the
basis of Circumstantial evidence alone if the conditions are satisfied inferences
which lead to the elements of crime being done. Sometimes the facts happen
suddenly and do not leave behind much direct evidence. In such cases the main
event will have the help of surrounding circumstances such as the cause or the
effects of the event. Circumstances sometimes speak as forcefully as does direct
evidence. Where the Circumstantial evidence only showed that the accused and the
victim whether live or deceased seen together the previous moment before the
crime done and it was held to be sufficient.

In recent years, the rising crime rate particularly violent crime against
women has made the criminal sentencing by the courts a subject of concern. Today
there are admitted disparities. Some criminals get very harsh sentences while many
receive grossly different sentence for an essentially equivalent crime and a
shockingly large number even go unpunished thereby encouraging the criminal and
in the ultimate making justice suffer by weakening the system's credibility.

It is not possible to lay down any cut and dry formula relating to imposition
of sentence but the object of sentencing should be to see that the crime does not go
unpunished and the victim of crime as also the society has the satisfaction that
justice has been done to it. In imposing sentences in the absence of specific
legislation, Judges must consider variety of factors and after considering all those
factors and taking an overall view of the situation, impose sentence which they
consider to be an appropriate one. Aggravating factors cannot be ignored and
similarly mitigating circumstances have also to be taken into consideration. Based
on these reasons Appeal cannot be maintainable under law.

Chapter- XVI of the Indian Penal Code, 1860 explains the provisions about
“Offences effecting human Body”. The Chapter contains sections 299 to 377.
Of them Section 375 to Section 376-D explain “Sexual Offences”.

Section 375 defines “Rape”

Section 376 imposes punishments for rape also defines “Custodial Rape”.
 Summary of Arguments

Whether the Circumstantial Evidence is Applicable or not in this case:

1.1. Circumstantial Evidence is Applicable:

In this case the circumstantial Evidence leads towards the Accused
person and Evidence before the Crime committed was very Strong
against him to prove enough his guilty. Direct Evidence mention as
Blood Sample, Semen and Panty and other belongings forensic examine
unable to conduct because of the crowd which gather before the police
arrive in spot. But the Cream Colour Shirt button which belongs to Ram
the accused person was found in the place, as well as one broken chain
which belongs to the accused.

1.2. Nature of IPC and Cr.PC. in Evidence:

It is settled law that in a case based on circumstantial evidence, the

circumstances from which the conclusion of guilt is to be drawn have
not only to be fully established but also that all the circumstances so
established should be of a conclusive nature and consistent only with the
hypothesis of the guilt of the accused. Those circumstances should not
be capable of being explained by any other hypothesis except the guilt of
the accused and the chain of the evidence must be so complete as not to
leave any reasonable ground for the belief consistent with the innocence
of the accused.
It needs no reminder that legally established circumstances and
not merely indignation of the court can form the basis of conviction and
the more serious the crime, the greater should be the care taken to
scrutinize the evidence lest suspicion takes the place of proof. Since the
instant case is based on circumstantial evidence and the sentence
awarded by the trial court and confirmed by the High Court is that of
death, we have to consider the circumstances carefully bearing the
principles noticed above in mind.

1.3. List of Circumstantial Evidence:

1. Motive:

i) Ram was working as a Security Guard in

“Shankar Apartment” where the deceased victim resided at Flat No. 3 A
with her family. On March 2, 1990 Rashmi on her way back from School Ram
Teased her and had proposed to her on that day to accompany him to a
Cinema hall to watch movie. Rashmi went home and complained to her
mother MRs. Ganga that Ram has been harassing her. Same Rashmi’s mother
told to her husband Mr. Shyam who is father of deceased victim Rashmi on
March 3, 1990 about the behavior of Ram towards Rashmi.
ii) Mr.Shyam gave written complaint to Mr. Rahul and
Ram was transferred to another apartment names as “Paras Apartment”
iii) Same Sambit a Security guard from Paras Apartment
was posted for Ram place in “Shankar Apartment” which the transfer was to
take effect from March 5, 1990.
This is the beginning point of the crime which made the accused
angry towards Rashmi also he wanted to take revenge on her. Ram was very
well know about Mrs. Ganga’s regular Mandir Visit. So the accused planned
the crime very well and neat.
2. Incident:
i) On March 5, 1990 as usual Mr. Shyam and his son
(Father and brother of deceased Rashmi) left for work. Rashmi had an Exam
at school early so she came back home by 1.00 pm.
ii) Mrs. Ganga mother of deceased used to visit Laxmi
Narayan Mandir everyday in evening between 5.00 pm to 5.30 pm. As usual
on March 5, 1990 Rashmi mother left for Laxmi Narayan Mandir about
5.20pm in evening she saw Rashmi alive at last.
iii) Ram did not report at “Shankar Apartment” as a Security
guard to perform his duties between 6.00 am to 2.00 pm, instead he visited
“Paras Apartment” on March 5, 1990 without any report.

iv) After Rashmi Mother left home to Laxmi Narayan

Mandir , Ram Informed to another security Guard named “Dashrath” that he
had some work at the flat No. 3A. When Dashrath tried to reach over
intercom he was unable to reach Flat .3A . over that intercom. Same has been
informed to his higher officials.
v) Ram used lift and reached flat 3A by 5.45 pm., by
utilizing the opportunity of Rashmi Mother’s temple visiting time.
vi) By 6.00 pm Mrs. Ganga returned from Mandir
vii) Security Guard ‘Dashrath’ told about Ram Visit to their
flat during her absence.
viii) Mrs. Ganga shocked and annoyed by that information
because of the previous incident which Ram misbehaved with her daughter
Rashmi. She reached her flat as much as fast and rang the door bell
continually, but no response and no one open the door.
ix) Mrs. Ganga raised alarm and neighbors gathered. They
also rang the door bell also knocked door same no response and not open the
door.
x) Neighbours, Servants and liftman broken the lock and
went inside flat also found the bedroom door of Mrs. Ganga was left open.
xi) They found Rashmi lying down in the floor of Mrs.
Ganga bedroom. Her skirt and blouse had been pulled up and her private
parts and breasts were visible. There were patches of blood near her head as
 well as on the floor. There were bloodstains on her hands and vagina also.
Her wearing apparel was bloodstained. There were some marks of violence
and blood was found on her face as well. There were blood marks on the
‘Jhoola’ lying in the room. Her torn panty was found lying near the entrance
of the door and the Rashmi appeared to be unconscious at that time.
xii) Mrs.Ganga, mother of victim lifted Rashmi in her arms
and rushed down through the lift with a view to take her to the doctor. In the
meantime, a doctor had been summoned by the neighbours who arrived and
on examining the Rashmi in the lift itself, where she was lying in the lap of
her mother, pronounced her dead. Body of the victim taken back to the flat and
lying on her bed.
xiii) Information of the occurrence was sent to the father of
Rashmi and at about 7.00 p.m

xiv) About 8.30 p.m. father of Rashmi returned to the flat

and on being told of the murder of Rashmi , he informed Charbazaar Police
Station at about 9.15 p.m. on the telephone.
xv) On receipt of the telephonic message, Sub-Inspector
Guru the acting duty officer, rushed to the place of occurrence along with
some other police personnel and recorded the FIR on the statement of the
mother of the deceased and commenced investigation.
xvi) During the search of the room where the deceased had
been allegedly raped and murdered, bloodstained earth, a broken chain, a
cream colour button, the torn panty of the deceased and some other articles
were seized and sealed into a parcel after preparing seizure memos.
xvii) Statements of some witnesses were also recorded.
Including witness Dashrath (Security Guard) who saw Ram Directly in
Shankar Apartment Premises also have the proof about Ram visit to Flat. 3
A where Rashmi resided.
xviii) Police Investigation begin for the crime from March 5th
night also search started to find Ram.

3. Evidence:
a. Ram Visit to Shankar Apartment confirmed by Security Guard
b. Ram by himself told he has some work at Flat.No. 3A
c. No sign of Ram after the Incident both Shankar and Paras
Apartments. Ram not even showed up to collect his Wages for 5 days
after the Incident. Officially Ram was not traceable and absconding.
d. Ram Shirt button was found in Rashmi murder spot.
e. Chain which belongs to Ram also found broken in Rashmi Flat near
her body.
f. Absconding of Ram: After the crime done Ram was never seen near
or any place in surrounding also not informed his higher officer about
his absent Why, where he went, Also not showed up to collect his
wages. Basically after the crime that comes under the doubt list will
be watch by police surveillance.

g. In Ram case he was not able to trace or reach for 5 days after the
crime. Search made by the police officers in his village also came
back with empty hand for 5 days, Later Ram was caught up by police.
The same time police found the Cream Colour Shirt which lost the
button in Rashmi flat near her body also seized by the police officials
stitched with another colour button.
h. The chain found near the deceased Rashmi was also proved that was
belongs to Ram by one of his co-worker.
i. After got arrested Ram claimed that he was in his brother’s
marriage but no witnesses to prove his claim.
j. All Evidence only leads to Ram alone in crime.
k. Rashmi was a school going girl and lives in safe apartment with full
security facility. No outsiders came that crime day.
l. Other than inside apartment person no one can enter without the
security guard knowledge.
m. Ram informed another security guard Dashrath that he has some
work in Flat no. 3 before the crime took place.
n. Ram noticed deceased Rashmi mother leaving and he went to the
flat.
 o. After crime Ram did not informed another security Guard that when
he left and no one noticed his movement after crime simply Ram
didn’t let anyone see him after he committed crime by hurrying from
crime spot.
p. If Ram not guilty and unaware about the crime there would be 2
possibilities
i) He would present and work in “Paras Apartment”.
ii) He would collect his wages and as usual he would work
and visible in regular places.
q. As per Ram claim Ram was not present in his brother place and none
of the witness seen Ram in that function.
r. Ram failed to prove his side so from here circumstantial evidence
we can apply for further court proceedings and arguments.

4. Circumstantial facts and evidence:

All the circumstances referred to above and relied upon by the

prosecution have been conclusively established by the prosecution. They are
specific and of a clinching nature and all of them irresistibly lead to the
conclusion that the appellant alone was guilty of committing rape of Rashmi
and subsequently murdering her.
All the circumstances which have been conclusively established are
consistent only with the hypothesis of the guilt of the appellant and are
totally inconsistent with his innocence. Not only in the cross- examination of
various prosecution witnesses, but even during the arguments, nothing has
been pointed out as to why any of the witnesses for the prosecution should
have falsely implicated the appellant in such a heinous crime.

None of the witnesses had any motive to falsely implicate him. None
had any enmity with him. The witnesses produced by the prosecution have
with stood the test of cross-examination well and their creditworthiness and
reliability has not been demolished in any manner.

All the circumstances established by the prosecution, as discussed

above, are conclusive in nature and specific in details. They are consistent
only with the hypothesis of the guilt of the appellant and totally inconsistent
with his innocence. We are therefore in complete agreement with the trial
court and the High Court that the prosecution has established the guilt of the
appellant beyond a reasonable doubt and we, therefore, uphold his
conviction for the offences under Sections 302, 376 and 380 IPC.

It is settled law that in a case based on circumstantial evidence, the

circumstances from which the conclusion of guilt is to be drawn have not
only to be fully established but also that all the circumstances so established
should be of a conclusive nature and consistent only with the hypothesis of
the guilt of the accused. Those circumstances should not be capable of being
explained by any other hypothesis except the guilt of the accused and the
chain of the evidence must be so complete as not to leave any reasonable
ground for the belief consistent with the innocence of the accused.

It needs no reminder that legally established circumstances and not

merely indignation of the court can form the basis of conviction and the
more serious the crime, the greater should be the care taken to scrutinize the
evidence lest suspicion takes the place of proof. Since the instant case is
based on circumstantial evidence and the sentence awarded by the trial court
and confirmed by the High Court is that of death, we have to consider the
circumstances carefully bearing the principles noticed above in mind.

We shall now deal with and consider various circumstances relied

upon by the prosecution which has been accepted as conclusively
established both by the trial court and the High Court to connect the
appellant with the crime:
So many cases given judgment based on the Circumstantial evidence
in history.
1. Ali Jishan @ Jishan Chawhan vs State Of Kerala on 26 November, 2009

2. Babu vs State Of Kerala on 11 August, 2010

3. Rameshbhai Chandubhai Rathod vs State Of Gujarat on 27 April, 2009

Based on the above mentioned cases we must conclude this case also.
 When Direct Evidence failed to prove the case then we can consider
circumstantial Evidence to handle the proceedings under the court
supervision with experts help and other evidence which leads towards the
culprit. There is no eyewitness of this occurrence. The entire case rests on
circumstantial evidence.
In the beginning of human civilization, human beings fought with each other
for food, sex and existence. Gradually, it developed into the “Private
vengeance”. The culture and civilization developed. The “Administration of
Criminal Justice” substituted the place of “Private Vengeance”. A serious
injury to an individual/ Victim is treated as an injury to the entire society.
The punishing authority was transferred from individual to the society, and
from the society to state. Formulated centuries ago and still now the same
system is continued. “The Constitution of India also clearly provides the
“Independence Of Judiciary”

Arguments in Advance
1. Rape and Murder of School going girl:

i) Rashmi the unfortunate young school-going girl of about

18 years of age, had been subjected to rape before her death and that the
death was homicidal in nature stands amply established by the testimony of
Doctor is one of Witness, who conducted the postmortem examination on
the dead body. As so many injuries were noticed by doctors on the
deceased body and since both the trial court and the High Court have
reproduced the injuries in extensor we need not repeat the same. The
medical witness found that the hymen of the deceased showed fresh tears
at 4, 5, and 7 o'clock positions with evidence of fresh blood in the margins.

ii) The doctor also found presence of bloodstains on the

vagina and matted pubic hair of the deceased. Blood was also noticed at
nostril and face of the deceased. The hair from the scalp was also found
matted with blood.

2. Brutally hurt and death casued by shock and sudden :

iii) There was "fracture and dislocation of hyoid bone on its

greater cornu of left side". In the opinion of the doctor, the deceased had
 been subjected to rape before murder and that the death was due to the
fact of smothering with strangulation and injuries were anti-mortem and
homicidal. Injury No. 21, as noticed above, was found sufficient to cause
the death of the victim in the ordinary course of nature.

iv) According to the report of the Senior Scientific Officer-

cum-Assistant Chemical Examiner, Forensic science Laboratory,
Government of West Bengal, Ex. 36 semen was detected on the panty
(undergarment) and the pubic hair of the deceased. The presence of
bloodstains, marks of violence on the face of the deceased and the state of
her clothes indicated that the victim had offered resistance but was
helpless.

v) There remains no doubt that the deceased had been

subjected to rape before her murder. Medical evidence is clear and cogent
we therefore, have to address ourselves to determine whether or not the
appellant was the assailant who had raped and murdered the defenseless
young girl.

3. Violation of the law and Rights of an Individual and also Society:

vi) So in this case the law applied based on circumstantial evidence,

the circumstances from which the conclusion of guilt is to be drawn have not only
to be fully established but also that all the circumstances so established should be
of a conclusive nature and consistent only with the hypothesis of the guilt of the
accused. Those circumstances should not be capable of being explained by any
other hypothesis except the guilt of the accused and the chain of the evidence must
be so complete as not to leave any reasonable ground for the belief consistent with
the innocence of the accused.

vii) It needs no reminder that legally established circumstances and

not merely indignation of the court can form the basis of conviction and the more
serious the crime, the greater should be the care taken to scrutinize the evidence
lest suspicion takes the place of proof. Since the instant case is based on
circumstantial evidence and the sentence awarded by the trial court and confirmed
by the High Court is that of death, we have to consider the circumstances carefully
bearing the principles noticed above in mind.

4. Evidence , Witness and Facts:

viii) We proceed to consider various circumstances; we would like 'to

deal with one finding of the High Court relating to the first information report. The
High Court found that after the telephonic message had been sent to the police
station, and the investigating officer after making an entry in the GD rushed to the
scene of occurrence to record the statement of Mrs. Ganga PW 3, that statement
of PW3 could not be treated as a first information report and that the "telephonic
message as recorded in the GD" was the first information report and the statement
of PW 3 was only a statement recorded during the investigation of the case and not
the FIR. In the words of the High Court: "We are therefore, of the opinion that the
statement of PW 3 recorded by the Police after the investigation had already
commenced could not be treated as the first information report."

ix) Though the entire statement made by the appellant before the
police is inadmissible in evidence being hit by Sections 25 and 26 of the Evidence
Act but that part of his statement which led to the discovery of the shirt and the
pant is clearly admissible under Section 27 of the Evidence Act. We disregard the
inadmissible part of the statement and take note only of that part of his statement
which distinctly relates to the discovery of the articles pursuant to the disclosure
statement made by the appellant as it is only so much of the statement made by a
person accused of an offence while in custody of a police officer.

5. Court Proceedings and arguments :

x) Whether it is confessional or not, as relates distinctly to the fact

discovered which is capable of being proved and admitted into evidence. The
discovery of the fact in this connection includes the discovery of an object found,
the place from which it is produced and the knowledge of the accused as to its
existence.

xi) The cream colour button recovered from the place of occurrence
along with the shirt seized on the disclosure statement of the appellant and seized
from his house on May 12, 1990 along with the other seized articles were sent by
the investigating agency to the Forensic Science Laboratory. From the testimony of
PW 27, the Senior Scientific Officer, attached to the Physics Division of the
Forensic Science Laboratory.

xii) The cream colour button recovered from the place of occurrence
was from the shirt which had been recovered at the instance of the appellant from
his house after his arrest. PW 27 deposed that all the buttons stitched on the shirt,
except the third button from the top of the front vertical plate, were of light cream
colour and stitched in the similar pattern with off-white thread of three ply and Z
type twist, whereas the third button was of white colour and stitched in a different
pattern with milky white thread of two ply and X type twist. The appellant appears
to have stitched the third button in lieu of the one which had fallen off probably
during scuffle, at the site of occurrence. From the unchallenged testimony of PW
27, it is crystal clear that the third button stitched on the shirt examined by him was
different, distinct and separate from the other three buttons found on the shirt and
that the third button had been replaced and stitched in a different manner. His
examination also established that the button, recovered from the place of
occurrence and sent to him for examination tallied with and was identical to the
remaining three buttons on the shirt of the appellant.

xiii) The evidence of the expert witness, therefore, clearly

points out to the conclusion that the button found from the place of occurrence was
the third button of the shirt of the appellant which had fallen off and was found on
the scene of crime. This piece of circumstantial evidence is quite specific and is of
a crucial nature and undoubtedly connects the appellant with the crime.

xiv) The discovery of the broken chain from the place of

occurrence also connects the appellant with the crime. From the testimony of PW
11, it appears that the broken chain recovered from the place of occurrence had
been given by the witness to the appellant about a month prior to the date of the
incident. There was no cross-examination of this witness to challenge this part of
his testimony.

xv) The defense did suggest during the cross-examination that such like
chains are available in the market but that suggestion cannot detract from the
reliability of the prosecution evidence. We agree with the finding of the High
Court that the prosecution has successfully established that PW 1 I had given the
neck chain, recovered from the place of occurrence on March 5, 1990, to the
appellant about a month before the occurrence. This piece of evidence establishes
the presence of the appellant in Flat No. 3-A on March 5, 1990.

xvi) We are conscious of the fact that abscondence by itself is not a

circumstance which may lead to the only conclusion consistent with the guilt of the
accused because it is not unknown that innocent persons on being falsely
implicated may abscond to save themselves but abscondence of an accused after
the occurrence is certainly a circumstance which warrants consideration and
careful scrutiny.

xvii) Why did the appellant disappear? The appellant has offered no
explanation. No challenge has been made to the testimony of the investigating
officers either when they testified that they unsuccessfully searched for the
appellant from 5th to 8th March 1990 at different places or conducted raids at his
village to apprehend him. The circumstance of absconding was put to the appellant
in his statement under Section 313 CrPC but instead of giving a satisfactory
explanation, he came forward with a plea of alibi.
 xviii) He stated that he left Shankar Apartment to see a picture in a cinema
hall after 2 p.m. and then returned to School and after collecting his belongings and
purchasing some fruits left for his native place to participate in the wedding
ceremony of his brother. No evidence was produced by the appellant in support of
this belated plea of alibi. There is no material on the record to show that he went to
any cinema or participated in any wedding ceremony of his brother or that even
such a ceremony at all took place at his native village.

xix) It is not necessary for an accused to render an explanation to prove his

innocence and even if he renders a false explanation, it cannot be used to support
the prosecution case against him and that the entire case must be proved by the
prosecution itself but it is well settled that a plea of alibi, if raised by an accused is
required to be proved by him by cogent and satisfactory evidence so as to
completely exclude the possibility of the presence of the accused at the place of
occurrence at the relevant time.

xx) The belated and vague plea of alibi of which we find no whisper
during the cross-examination of any of the prosecution witnesses and which has
not been sought to be established by leading any evidence is only an afterthought
and a plea of despair. The abscondence of the appellant is thus a material
circumstance which has been satisfactorily and conclusively established by the
prosecution against the appellant.

6. Considering the Women and Society Safe as priority :

xxi) The trial court awarded the sentence of death and the High Court
confirmed the imposition of capital punishment for the offence under Section 302
IPC for the murder of Rashmi . Learned counsel submitted that appellant was a
married man of 27years of age and there were no special reasons to award the
sentence of death on him. Learned counsel submitted that keeping in view the
legislative policy discernible from Section 235(2) read with Section354(3) CrPC,
the Court may make the choice of not imposing the extreme penalty of death on the
appellant and give him a chance to become a reformed member of the society in
keeping with the concern for the dignity of human life. Learned counsel for the
State has on the other hand canvassed for confirmation of the sentence of death so
that it serves as a deterrent to similar depraved minds. According to the learned
State counsel there were no mitigating circumstances and the case was
undoubtedly "rarest of the rare" cases where the sentence of death alone would
meet the ends of justice.

xxii) We have given our anxious consideration to the question of

sentence keeping in view the changed legislative policy which is patent from
Section 354(3) CrPC. We have also considered the observations of this Court in
‘Bachan Singh case'.

xxiii) In recent years, the rising crime rate particularly violent crime
against women has made the criminal sentencing by the courts a subject of
concern. Today there are admitted disparities. Some criminals get very harsh
sentences while many receive grossly different sentence for an essentially
equivalent crime and a shockingly large number even go unpunished thereby
encouraging the criminal and in the ultimate making justice suffer by weakening
the system's credibility. Of course, it is not possible to lay down any cut and dry
formula relating to imposition of sentence but the object of sentencing should be to
see that the crime does not go unpunished and the victim of crime as also the
society has the satisfaction that justice has been done to it. In imposing sentences
in the absence of specific legislation, Judges must consider variety of factors and
after considering all those factors and taking an overall view of the situation,
impose sentence which they consider to be an appropriate one. Aggravating factors
cannot be ignored and similarly mitigating circumstances have also can be
consider.

xxiv) The measure of punishment in a given case must depend upon the
atrocity of the crime; the conduct of the criminal and the defenseless and
unprotected state of the victim. Imposition of appropriate punishment is the
manner in which the courts respond to the society's cry for justice against the
criminals. Justice demands that courts should impose punishment befitting the
crime so that the courts reflect public abhorrence of the crime. The courts must not
only keep in view the rights of the criminal but also the rights of the victim of
crime and the society at large while considering imposition of appropriate
punishment.

xxv) The sordid episode of the security guard, whose sacred duty was to
ensure the protection and welfare of the inhabitants of the flats in the apartment,
should have subjected the deceased, a resident of one of the flats, to gratify his lust
and murder her in retaliation for his transfer on her complaint, makes the crime
even more heinous. Keeping in view the medical evidence and the state in which
the body of the deceased was found, it is obvious that a most heinous type of
barbaric rape and murder was committed on a helpless and defenseless school-
going girl of 18 years. If the security guards behave in this manner who will guard
the guards? The faith of the society by such a barbaric act of the guard, gets totally
shaken and its cry for justice becomes loud and clear. The offence was not only in
human and barbaric but it was a totally ruthless crime of rape followed by cold
blooded murder and an affront to the human dignity of the society. The savage
nature 1 Bachan Singh v. State of Punjab, (1980) 2SCC 684 : 1980 SCC (Cri) 580 :
1980 Cri LJ 636 of the crime has shocked our judicial conscience. There are no
extenuating or mitigating circumstances whatsoever in the case.
I pray the honorable court to consider the crime to maximum punishment and
concern for the dignity of human life is required to be keep in mind by the courts
while considering the confirmation of the sentence of death but a cold blooded
preplanned brutal murder.

xxvi) For the foregoing above said reasons the petitioner most
respectfully prays that this Hon’ble court may be pleased to confirm with the
punishment of the lower court judgement

PRAYER

Wherefore in light of the issues raised, arguments advanced and authorities

cited, the Counsel for the Respondent humbly prays before this Hon’ble Court to
kindly adjudge and declare:

1. Petition of the appellant is not maintainable under section 235 (2) read with
section 354(3) Cr.PC.
2. The rights of the Women and their safety in Society violated by the
appellant.
3. The Security Guard duty to save the people was neglected by the appellant
4. The compensation for the family who lost their beloved daughter cannot be
equal by any other than the Punishment for the appellant.
5. After this incident the security management companies should be recruiting
carefully by analyses complete details of the applicant.

And / Or Pass any other appropriate order as the court may deem fit in the
interest of equity and good conscience.

Counsel for Respondent