Moot Court Problem (Criminal)

Fact of the Case:

1. Rajesh Sharma aged about 25 years, son of Shri Ravi Sharma and Smt.
Gayatri Sharma, an established industrialist of Rourkella (Odisha).
Rajesh was a student of Indian Management School, Singapore. Rajesh was
arrested by the Singapore Police on the charge of criminal activities in the
Indian Management School campus and later was released on bail. Rajesh
developed intimacy with Shalini, an lndian girl from Rourkella. Both were in
love and planned to marry after completion of their Studies.
2. In 2022, both Rajesh and Shalini returned to Rourkella after successful
completion of MBA from Singapore. Soon, Shalini got an employment as HR
Manager in a Multinational Company in Bengaluru. Rajesh's parents were
searching for a suitable match for their son. When Rajesh expressed his
interest to marry Shalini, his parents refused to accept the proposal. However,
Mrs Gayatri Sharma persuaded her husband to accept the proposal for the
best interest of their Son's Life.

3. On 10 March 2024 Sharma Family sent matrimonial proposal to Shalini's

4.0n 25" April 2024, Bengaluru Police informed Mr. Sukhvir Singh about
Kidnapping/Abduction of his daughter Shalini and her roommate Madhavi by
some unknown persons. Later on, Madhavi escaped from the illegal custody of
the unknown persons and informed the Police. However, by this time,
Mr. SukhvirSingh and Mrs Soma Singh received unknown calls to pay ransom of
2 Crore for the release of Shalini.
5. On 5* June 2024, Bengluru Police arrested Rajesh and 4 other associates
namely Gitu, Ushman, Kalia and Rohan and produced before the Court. It was
revealed that Gitu, Ushman, Kalia and Rohan outraged and insulted the
modesty of Shalini and Rajesh forcefully married to Shalini in a Temple and
committed sexual intercourse with her.

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 6. When Shalini returned to Rourkella it was revealed
that she was pregnant.
When Rajesh was released on Bail, Sharma family again proposed for marriage
of Rajesh and Shalini and demanded Rs. 2 crore as dowry
to meet the Criminal
Case expenses. Under difficult situation Singh family agreed and
solemnized at Rourkella on 10" October 2024. At the time of marriage was
Family paid 1 crore and promised to pay the marriage Singh
rest later on.
7. However, the City Civil and
Sessions Court, Bengaluru convicted Rajesh
under Section 63/64/69/137/138/87 of BNS,
2023 and further convicted Gitu,
Ushman, Kalia and Rohan under section
74/79/111 /137/138/87of BNS,2023.
8. Being aggrieved by the
conviction order, all accused person
the Karnataka High Court. appealed before
9 In the mean time, Sharma
family continuously harassed Shalini for non
payment of balance dowry amount.
10 On 12 December Rajesh was released on Bail
He did not allow Shalini to and came back to
join in her Office at Rourkella.
for non payment of dowry Bengaluru and also harassed her
amount.
11. On 14" December
Morning (8.00AM) Rajesh
wife Shalini lying reported to the Police that her
unconscious
bruises and contusions on her
on her bed. Police
noticed that Shalini having
face. Police immediately
General Hospital for removed Shalini to the
treatment. Dr. P.K. Das,
A.M. and noted the
patient was semi-consciousexamined the Shalini at about 9
poisonous substance. He also with history of
lateral side of her right eye noted () consumption of
contusion reddish in colour
brow with swelling over the
cm. and (ii) both present of the
lips were size of 7 cm. x 5
examination of the body could swollen.not
It was also
noted that complete
condition. B.P. was not be done because patient was in
reacting to light. recordable and Pupils bilateral serious
circular, pin point not
Doctor Das administered
first with saline the initial
solution and
treatment. He carried out
referred the patient to then with ordinary tap Gastric Lavage
Rourkella water. Thereafter he
Police. However, Specialized Hospital for further
with intimation to
Shalini died in the
Hospital
treatrment
12. Post mortem was conducted as to the cause of death it was opined that
the deceased had died due to asphyxia secondary to the organo phosphorus
poison. Following ante-mortem injuries were found on the person of the
deceased: (i) 10 cm x6 cm bruise on the right periorbital area with swelling of
right eye lid with two contentric nail scratches abrasions, one on forehead and
other on upper eye lid. Bluish in colour; (ii) 9 cm x4 cm big contusion, bluish in
colour, on intraorbital area and check on left side; (i)½cm x½cm contusion
on the inner side of lower lip towards left side mid line with respect to left
lateral incisor (lower). Blue in colour; (iv) 8cmx7cm abraded contusion over
chin and submental area in midline. Bluish in colour; (v) 11 cm x5 cm multiple
smail abrasions over neck and right of upper chest in front 3 cm lateral to
sterno calvicular joint. (vi) 10 cm x 4 cm contusion in infra-axilary area in mid
axillary line. Blue in colour. (vii)7 cm x 5 cm large purple coloured pach over
dorsum of right hand with multiple needle prick marks (latrogenic'".
13. After the death Police searched the house of Mr. Sharma and recovered
half empty packet of highly toxic Pesticide from the bedroom of Mr. and Mrs.
Sharma. Govind the domestic servant also gave statement to Police that on
14" December (7.00AM) Mr. and Mrs. Sharma along with Rajesh had
altercation with Shalini within the closed door of her bedroom.

14. Police Charge Mr. and Mrs Sharma as well as Rajesh under section
80/85/86 of BNS,2023, read along with relevant provisions of the Dowry
Prohibition Act, 1961 and the Protection of Women from Domestic Violence
Act 2005. The Court of Sessions, Rourkella convicted all the accused person
appreciating Medical and circumstantial evidences.
15. Being aggrieved by the Judgment of the Sessions Court, the Accused
persons appealed before the Orissa High Court. Rajesh also prayed to the High
Court to transfer the Criminal Case from Karnataka High Court to Orissa High
Cout.

Argue either for the Accused Persons or for the State Prosecution

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