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Moot Court Case-Description

1. The document describes a case involving the rape and murder of an 8-year-old girl named Raj Preet Singh by her neighbor Amarpreet Singh. Amarpreet was initially sentenced to death but the Supreme Court reduced the sentence to life in prison. 2. Several national women's organizations filed a review petition seeking to restore the death penalty, arguing that raping and killing a young girl was a rare and heinous crime. They also sought removal of language from the judgment describing the rape as a "momentary lapse." 3. The case and Supreme Court decision sparked public outrage over the perceived leniency towards the crimes.

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89 views2 pages

Moot Court Case-Description

1. The document describes a case involving the rape and murder of an 8-year-old girl named Raj Preet Singh by her neighbor Amarpreet Singh. Amarpreet was initially sentenced to death but the Supreme Court reduced the sentence to life in prison. 2. Several national women's organizations filed a review petition seeking to restore the death penalty, arguing that raping and killing a young girl was a rare and heinous crime. They also sought removal of language from the judgment describing the rape as a "momentary lapse." 3. The case and Supreme Court decision sparked public outrage over the perceived leniency towards the crimes.

Uploaded by

CS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Persons Involved and Relationship

1. Raj Preet Singh (Guddi)(Student of 2 nd Std)- 8Years Victim


2. Amarpreet Kaur (Cousin)( Student of 2 nd Std)- 7-8Years
3. Amrit Singh (Neighbour)- 30 Years Accused
4. National level women organisations- Review Applicant

Breaking of Event
1. Guddi went to the house of her classmate and cousin, Amarpreet Kaur.
2. At about 5.00 p.m., she left from there to return to her house.
3. When she crossed pakka water house, Amarpreet left her on her own
4. Raj Preet Kaur was last seen with Amrit Singh. She was seen walking holding his finger.
5. After search persons then found her dead body in the agricultural field belonging to Amrit Singh
situated in front of his house.
6. Description of Body
• The dead body was found near a tree and some cotton crop was found near the dead body
• Some dry leaves were found in her hair.
• In her hand some strands of human hair were also noticed which was fully smeared with
blood.
• There was bleeding from vulva and the legs were also stained with blood.
• Body was in state of rigor mortis.
• There were multiple marks of contusions and abrasions on the neck.
• Face also had some abrasions.
• Abrasions over elbows and knuckle were present.
• There were impressions of teeth on the lips.
• These were all ante mortem in nature.
7. Cause of Death
 External injuries were found on the neck which were said to be the cause of death of the
deceased.
 According to the doctor, the death took place because of loss of blood.
 It was stated by him:- "20% loss of blood may cause shock and death.
 Normally in a child of 6-7 years age there may be about 2 litres blood in body.
 On examination of injuries it was found that more bleeding from the injury has caused the
death.
 In this case more than half litre blood had oozed.
8. Amarjit was prosecuted for rape and murder. (Section 376 & 302)
9. The lower court convicted him on both the counts and sentenced him to death penalty which
was confirmed by the High Court.
10. On appeal, the Supreme Court upheld the conviction but reduced the sentence to life
imprisonment.- The judgement was delivered by the Supreme Court on 10-11-2006.
 Appellant, a neighbour and known to her was a person of trust. She was seen to be holding
Appellant's finger.
 It is clear that she was allured by Appellant to accompany him to his own field which was
near his house…. Offence of rape took place on an agricultural field.
 She might have suffered a lot of pain. She might have resisted also. She might have been
gagged.
 Possibilities of some assault on her person cannot be ruled out. It would, however, be
improper to hold that he killed her intentionally.
 The death occurred not as a result of strangulation but because of excessive bleeding.
 The death occurred, therefore, as a consequence of and not because of any specific overt act
on the part of Appellant.
 Imposition of death penalty in a case of this nature, in our opinion, was, thus, improper.
 Even otherwise, it cannot be said to be a rarest of rare cases. The manner in which the
deceased was raped may be brutal but it could have been a momentary lapse on the part of
Appellant, seeing a lonely girl at a secluded place.
 He had no pre-meditation for commission of the offence.
 The offence may look heinous, but under no circumstances, it can be said to be a rarest of
rare cases.
11. The media reports decried the judgement for condoning the ghastly rape as ‘a momentary
lapse’ especially when the offence was committed on a very young girl by a person in the
relationship of trust with the victim and it caused uproar among women’s organisations across
the country.
12. Fourteen national level women organisations came together and filed a petition in the Supreme
Court under the banner of ‘Network Against Gender Bias’ (NAG B) on 11-12-2006 and sought
review of the aforementioned judgement.
 They are praying for deletion of the sentence “The manner in which the deceased was raped
may be brutal but it could have been a momentary lapse on the part of Appellant, seeing a
lonely girl at a secluded place” from the judgement as being unreasonable justification for
the most horrendous and unacceptable behaviour of the convict.
 They are also praying that death penalty to Pritam Singh should be restored as it is a rare of
the rarest case involving murder of a very young girl of only eight years after diabolically and
brutally raping her by a person who was in a relationship of trust with the victim child.

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