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Moot Problem 01

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15 views2 pages

Moot Problem 01

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19010126143
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SYMBIOSIS LAW SCHOOL, PUNE

Semester IX – BA/BBA LLB (Hons.)

Moot Problem -01

1. Ms. X, R/o Village Amrai, P.S. Amrai, District Ganpoi fell in love with one Mr.
Y, R/o Village Mawai, District Ganpoi, which was adjoining to the village of
Amrai. Both of them had studied together since their school time and were also
classmates while pursuing their graduation degree.
2. On 25/05/2023, Mr. Y went to the home of Ms. X in order to inform about a
forthcoming college event which he intended to participate in along with her.
Finding Ms. X alone at home, Mr. Y took advantage of the fact and committed
‘physical act’ upon her. Furthermore, Mr. Y recorded the whole act in his
personal smartphone.
3. Ms. X warned Mr. Y on 25/05/2023, 27/05/2023 and 28/05/2023 that either you
have to delete all the files related to her from his mobile otherwise she is going
to inform her parents about the grisly incidence and would adopt a legal way in
order to restore her dignity and modesty. On these repeated warnings, Mr. Y got
furious and started hurling life threats to Ms. X and also stated that he would
publish the photographs and videos of the incidence on social media platforms
as well as on websites.
4. Being apprehensive of the social and personal consequences which might accrue
from publication of the incidence on social media platforms and on the websites,
Ms. X became scared and Mr. Y took advantage of the same. Between
01/06/2023 till 15/06/2023, Mr. Y repeatedly kept on threatening Ms. X on the
same ground and maintained physical intimacy several times on the said pretext.
5. On 01/07/2023, Mr. Y once again called Ms. X to meet her at their common
friend’s place, to which Ms. X denied at the outset.
6. In the morning of 04/07/2023, Ms. X friends received a friend request from a
popular social media platform from the profile that having the photo of Ms. X.
Many of them accepted the friend request and after few days from this profile
some lewd photographs were uploaded and shared with others.
7. On 09/07/2023, through one of her friend Ms. X got to know that someone has
created her fake profile on social media and published some objectionable
photographs and videos on that profile. She suffered severe mental trauma and
agony from this. After it goes viral, the authorities of the College, where Ms. X
was pursuing her graduation degree were also concerned about the social image
and reputation of the college and therefore the college authorities suspended Ms.
X from College on 12/07/2023.
8. With the help of some of her close friends, Ms. X got registered a FIR against
Mr. Y on 15/07/2023 at P.S. Amrai, District Ganpoi where she narrated the

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whole incidence. The FIR was lodged against Mr. Y under sections 376, 292,
465, 469, 509 of IPC, 1860 read with Sections 66, 66(C), 66(E), 67 and 67A of
the IT Act, 2000.
9. Since Mr. Y got to know about the registration of FIR against him, he has been
absconding and no arrest has yet been affected.
10. Ms. X became extremely conscious of the fact that mere filing of the FIR against
Mr. Y would not restore her dignity back as the trial would take months to
commence and further years to conclude. She became apprehensive that the
publication of her obscene and objectionable photographs and videos on various
platforms will continue to traumatize, haunt her and will dent her future
perspectives in all domains of life.
11. On 21/07/2023, Ms. X approached the Hon’ble Supreme Court with a prayer that
necessary directions be issued to the concerned Social Media Platforms and the
website to delete all the obscene photographs and videos involving her and more
importantly to recognize ‘Right to be forgotten’ as an explicit Fundamental Right
within the scope and ambit of Article 21 of the Indian Constitution.
12. The Hon’ble Supreme Court admitted the petition on the basis of aforementioned
facts.
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