RIZVI EDUCATION SOCIETY’S

Rizvi Law College

Primera Moot Court Competition

Moot Proposition

Disclaimer: This case is purely fictional. Any resemblance to names, properties and
associations is purely coincidental.
 Rizvi Law College Primera Moot Court Competition, 2022-23

1. The Victim ‘X’ (adult) lived with her mother, Sheetal Mishra and 2 younger brothers, Rahul
and Sahil, in village Satala, Madhyarashtra. The father of the victim died 4 years ago and the
victim along with her mother used to take care of the daily expenses of her family. She owned
cattle and sold dairy products to make ends meet. At some distance from the house of the
victim, there used to live an alleged accused- Raghu (adult) with his father Radhe Lal, who was
the principal of a government college, his mother Seema Devi and a younger sister Pooja. The
accused and victim were distant relatives. There was a dispute between both families about a
property regarding which; a civil suit was pending in the city civil court, Bombay.

2. On the night of 18.08.2022, the victim left home at 8 pm to go to the field to ease herself.
As soon as she reached the fields, someone forcibly caught hold of her, shut her mouth,
dragged her inside a small shed on the field, and raped her. As it was very dark, she could not
recognize that person. When the victim tried to raise alarm, the person threatened to kill her
and her family.

3. A few days after this incident the victim was very depressed and disclosed this incident to
her mother on 28.08.2022. Soon after an FIR was lodged by Sheetal Mishra (PW-1) in the
nearby police station on 01.09.2022 bearing FIR No. 1074 of 2022. In the FIR, the name of the
alleged accused was Raghu.

4. On the same day at 5 pm, the victim’s medical examination took place, according to
the procedure laid down. Later it was found that there were a few bodily injuries on her right
arm ,back and her hymen was ruptured. No sperm was found in the pathology test.

5. The Investigating Officer arrested Raghu on the charges of raping the victim. The victim was
called by the I.O. to give a statement under section 161 C.r.P.C. on 04.09.2022 wherein she
stated that, “Raghu used to follow me on the way back home from my college. On
many occasions, he had tried to hold my hands forcefully. On 15.08.2022, He said that he loved
me and wanted to marry me. I disclosed this incident to my mother who ridiculed Raghu in
return.”
Then somewhere around August 2022, Raghu came to my college and asked me to run away
with him and said that if I did not follow his request, I would have to bear the
consequences. However, I did not report this incident to my mother. On the night of the

2|Page
 Rizvi Law College Primera Moot Court Competition, 2022-23

incident, as it was very dark, I could not see the person who raped me. But I suspect that he
was Raghu.”

She further stated – “I was raped by Raghu 3 months back too. I was very scared, thus I
could not tell anyone then. But how could I stay silent when the act was repeated.”

6. Sheetal Mishra (PW-1), mother of the victim stated in her statement, “Behaviour of my
daughter had changed from the past few days. I kept asking her about the reason but she never
told me. When I strictly asked her about her changed behaviour, it was only then she told me
that she was raped by someone she believes to be Raghu. Raghu and his father were
pressurizing me to withdraw the civil suit. In order to compel me to withdraw the suit, Raghu
raped my daughter.”

7. Mr Jung Bahadur (PW-2), a villager, who was easing himself in a nearby field stated – “When
I was in my field at around 8:20 pm I saw in the light of the torch that Raghu was running
towards his home in a naked condition with only his underwear on.”

8. Gauri (PW-3), the classmate of the victim, made a statement– “Someday in the month of May
this year, Raghu came to college during our lunchtime. He threatened the victim that if she did
not marry him, she would have to face the consequences.” PW-1, PW-2 & PW-3 repeated the
above-said statements before the magistrate.

9. The victim while making a statement under section 164 C.r.P.C., repeated the statement which
was earlier made but denied being raped by Raghu 3 months back which was observed by the
Magistrate.

10. Additionally, Raghu in his statement under section 313 C.r.P.C. stated that - “I loved ‘X’ and
I wanted to marry her. I knew that she also secretly loved me but due to the existing family
dispute, she was reluctant to confess it to me. I did nothing wrong on 18.08.2022. Whatever
happened, was with her consent. On the evening of 17.08.2022, she asked me to meet her in
the field, the next day at 8 pm. When I met her, she voluntarily came with me inside the shed,
but as soon as I took off my clothes, she started shouting and crying for help. Startled and
shocked by her sudden behaviour, I ran away leaving my pants and towel. I have not committed
rape on her. I have been falsely implicated due to the existing property dispute.”

3|Page
 Rizvi Law College Primera Moot Court Competition, 2022-23

11. The Investigating Officer (IO) inspected the place of occurrence and recovered the clothes
mentioned by Raghu during the course of the investigation. The pant and towel were sent to
the Forensic Science Lab for examination. As per the Forensic Science Lab report, no
spermatozoa were reported on the clothes.

12. After completion of the investigation and due procedure being followed, a charge sheet was
filed on 17.10.2022, charges of rape u/s 376 and criminal intimidation u/s 506 Indiana Penal
Code, 1860. After appreciating the evidence on record, the trial court, on 22.11.2022 convicted
Raghu u/s 376(1), 506(2) IPC stating the reason that “Law is settled on the point that in the
case of rape, if the evidence of the victim in the offence of rape is found to be wholly reliable,
then the same can be made the foundation for recording the conviction against the accused and
in such a case no corroboration in particulars shall be required”.

13. On 11.01.2023, Raghu filed an appeal challenging the order of the trial court before the
Bombay High Court. The High Court upheld the decision of the Ld. Trial Court.

14. Aggrieved by the order of the High Court, Raghu has filed a Special Leave Petition under
article 136 challenging the conviction before the Supreme Court of Indiana. Now the matter is
listed before the court for admission in February 2023.

Issues:

I. Whether the SLP is maintainable or not?

Note:
All the laws are pari-materia with the laws of India

4|Page