Subject Name:- Moot Court and Internship
Subject Code:- LAW 994
Prepared By:- Sheikh Inam Ul Mansoor
2nd Moot Problem
The appellant was implicated and charged under sections 363,366 and 376 of the
IPC under the following circumstances.
On 01-09-2018 at about 17.15 hours when wife of the complainant returned
from the market purchasing vegetable, she could not find her daughter (Anita) at
home. On enquiring from one Ganga, she came to know that the knowledge that
the appellant had come to their house and had a talk with their daughter.
Thereafter, the appellant went towards the market and after some times,
Prosecutrix also went towards the market.
The complainant inquired from the shop of the uncle of the appellant and he
was told that the appellant and the Prosecutrix had gone towards Rajanakunte
Bus Stand. The complainant rushed to the Rajanakunte bus stand, but could not
find the appellant or the Prosecutrix there. It is also the case of the prosecution
that son of the uncle of the appellant told that he had seen the appellant and the
prosecutrix- Anita at the Rajanakunte bus stand some time ago. Since the
prosecutrix could not be found and to the said effect FIR was registered by the
complainant on 05-09-2018 with Rajanakunte police station. Two days after the
said complaint, the appellant surrendered himself before the police on 07-09-
2018.
Thereafter, necessary panchanama came to be drawn and statements of the
appellant and prosecutrix were recorded. They were also sent for medical
examination. Clothes of the appellant and prosecutrix were seized in the presence
of panchas and were sent for analysis to FSL, Hyderabad. The investigation
revealed sufficient evidence against the appellant. This led to his formal arrest on
30-11-2018.Thereafter, as the case was exclusively triable by the court of
sessions; the case was committed to session’s court, Bangalore.
