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“8th FYLC - RANKA NATIONAL MOOT

COURT COMPETITION, 2018”

MOOT COURT PROPOSITION

1. Miss Gyanwati, aged about 20 years was studying in
Commerce College, Jaipur in B.Com (Final). She had a close
friend Mr. Suresh S/o Ex-Chief Minister, aged about 22 years
studying in the same college in M.Com. On 31.12.2017 after New
Year’s party Miss Gyanwati was going on her Scooty to her
residence near ‘Jawahar’ Circle. Three students namely Suresh,
Mahesh and Dinesh S/o DIG Police, all students of Commerce
College intercepted her. Knocked the Scooty and kidnapped on
gun point and carried her in Honda City Car bearing Number HR
16F 7337 to distant and lonely place in the interior on Tonk Road,
Jaipur. At the said place having only one room, two students
Gyanesh and Virender were waiting. Miss Gyanwati was carried
in the room where all the five students drank Scotch whisky and
forcibly made her naked. She resisted and cried, but was tied
with black rope. No one came to rescue her. Thereafter, she was
raped by all the five including Virender, who was minor with age
17 years.

2. Miss Gyanwati, having been raped by all the five, was left
naked in the room, which was locked and 4 of them left leaving
Virender to watch and wait. Before leaving the victim was tried
with iron chains. On 01.01.2018 at about 4.00 P.M. Suresh came
along with Brijesh, a brilliant and handsome student, whose
father is a millionaire. They had snacks with whisky. Suresh
enquired of Brijesh, as to whether he wants to have intercourse
with the victim. He accepted the offer and both raped the victim
one after the other. The victim became unconscious and her
uterus was ruptured, with bruises on the breast and other parts
of the body.

3. On 02.01.2018, Shri Mahesh contacted on phone (land-line)

Manmohan, father of Gyanwati, informed him that his daughter
has been kidnapped and raped and if he wants her release to a
safe place, he should come to the specified place along with a
ransom of 5 lacs, else she would be killed and her body would be
thrown in a pond. He told he will ring up again in the early
morning on 03.01.2018 and by then he should arrange ransom and
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agree to come alone. On 03.01.2018 he was again contacted on

mobile by Brijesh, who required him to come alone at the specified
place in the hill-side at 11.00 A.M. with the money and without
arms. Manmohan had no option. He borrowed Rs. 5 lacs from
Gyanchand and on motorbike left for the scheduled place. He was
received by Dinesh and after taking his physical search was sent
to Mahesh, who was sitting at a distance. Shri Manmohan,
handed over the cash bag and his mobile to Mahesh. Thereafter
eyes of Shri Manmohan was blind folded with cloth, he was
carried to the room, which was unlocked and his daughter was
handed over with a warning that if they would make any report,
her video would be flashed out on social media and she will be
killed. Shri Manmohan carried his daughter to his residence and
told whole story to his wife Mohini, who cross-checked with the
victim. All the three took the decision to report to the police and
to see that the culprits are caught and prosecuted.

4. FIR No. 10 dated 03.01.2018 with names of all the accused,

for offences under Sections 376, 364, 364A/34 IPC r/w Sections
25/27 of the Arms Act was registered at Chaksu Police Station
and statements of the victim was recorded u/s. 161 Cr. P.C. In
her statement she stated above stated facts, disclosed names with
identity, description of place where she was kept captive and
raped. The statements of Shri Manmohan were also recorded,
who affirmed above stated facts and events. Statements of the
victim were also recorded u/s. 164 Cr. P.C.

5. Shri Sukhbir Singh was appointed as Investigation Officer.

On pursuing the investigation, the police also visited the places
where the victim had been kidnapped, raped, kept in captive and
released after ransom. The investigating agency found /
recovered the followings:

(i) Honda Car registered in the name of Vilas Chand, father

of Brijesh;

(ii) Mobiles of all the accused;

(iii) Iron chains, black rope, whisky bottles, cash of Rs.

4,80,000/- etc. ;

(iv) Gun with 20 cartridges;

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(v) Evidence in support that all the accused were students

of Commerce College and minor Virender was studying
in nearby Poddar College;

(vi) Matriculation Certificate of Virender with date of birth

15.01.2001. The investigating agency arrested all the
accused except Brijesh, who was declared as proclaimed
offender. The arrested accused identified the victim, the
recovered above stated articles, but denied the charges.

6. On 04.01.2018 the victim was examined by the doctor of

SMS Hospital and the medical report supported rape and body
injury. It was also stated that the victim would not be able to give
birth to a child at any time hereafter. On identification parade the
accused were identified by the victim and her father. On the
completion of the investigation drill, charge sheet under Sections
376, 364A, 465, 468, 471, 120B IPC and Sections 25/27 of the
Arms Act was laid against the accused persons. The
investigation, however revealed that the Honda Car, mobiles and
some articles had been used in the commission of the offences.
Charges were framed against the accused under the above
Sections of law to which they pleaded ‘not guilty’. Where after the
prosecution examined 27 witnesses. The accused persons in the
course of their statements under Section 313 Cr.P.C. stood by
their denial of the charge. Fourteen witnesses were also examined
in defence. The Trial Court on an assessment of the evidence on
record , convicted the accused persons and their co-accused
under the above mentioned sections of law. All the accused were
sentenced to rigorous imprisonment for life time and were fined
with Rs. 10,000/- each. All the accused were directed to
compensate the victim with an amount of Rs. 50 lacs jointly and
severally and the State Government was also directed to pay a
sum of Rs. 10 lacs to the victim.

7. All the accused, including Vilas Chand, father of the

absconder Brijesh, preferred appeals, which were dismissed with
costs in the light of overwhelming evidence oral and documentary.
It was held that the evidence of the victim (PW1) as a whole, in our
estimate, is truthful, having regard to the details provided with
accompanying clarity and conviction. Her elaborate testimony not
only has projected the stage-wise developments following her
abduction till her release, the same has remained un-shaken
substantially even by her cross-examination. This witness not
only had the opportunity of seeing her abductors but also had
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heard their exchanges by referring to their nick names. She was

in their company and under their surveillance for almost two days
in course whereof they not only interacted with her but also had
closely followed her conversation with her father on more than one
occasion on the aspect of ransom. Apart from the fact that there
is nothing convincing on record to even infer any false implication
of the accused persons, we are of the unhesitant opinion that the
accused were perpetrators of the offences. In the face of the
overall evidence on record, the alleged deficiencies do not at all
detract from the veracity of the prosecution case. The evidence
adduced vis-à-vis stage wise recovery of mobiles, fire arms, the
Honda City Car, Chains, rope etc. and medical report establish
their complicity in the offences. The testimony of the witnesses to
the above effect authenticate that the procedure prescribed by law
for affecting such seizures had been complied with. The factum of
each discovery based on the disclosures of the accused persons is
not only a relevant fact under Section 27 of the Evidence Act but
also noticeably has not been very seriously disputed by the
defence. These seized articles have been produced and identified
in the court by the witnesses as well. The testimony of the
lenders and that of PW-14 in particular, identifying some of the
packets of the currency notes by the initials or the names as
labelled by him also cannot be lightly ignored. PW2, the father of
the victim, apart from stating generally about the abduction of his
daughter and her release has however in minute details described
the particulars of the ransom calls received and his desperate
endeavours to collect the amount to the extent possible within the
dead line of time to save his daughter in distress. The witnesses
examined by the prosecution as the lender of the amount not only
were referred to by this witness in his deposition, to reiterate he
also endorsed to have responded to his clarion call.

8. Having regard to the series of frightful experiences which

the victim had to encounter during her captivity of a period of
almost two days in the scary company of her abductors and the
fearful moments that she had to pass under the constant threat of
being killed by them, as threatened from time to time, it is
natural that she must have had sufficient opportunity to note
their features to enable her to identify them even by their looks at
a later point of time. That the abductors, during the relevant
time, had intimidated the victim as well as her father that if the
ransom amount demanded is not paid in time, the hostage would
be done away with, has been stated on oath by both of them in
categorical terms. The manner in which the victim was abducted
and kept at a lonely place parallel following up the demand of
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ransom under the threat of her elimination leaves no manner of

doubt that they had resorted to a plot to extract a handsome
amount by way of ransom under the threat to the life of victim.

9. Qua the admissibility of the call details, it is a matter of

record that though PWs 24, 25, 26 and 27 have endeavoured to
prove on the basis of the printed copy of the computer generated
call details kept in usual ordinary course of business and stored
in a hard disc of the company server, to co-relate the calls made
from and to the cell phones involved including those, amongst
others recovered from the accused persons, the prosecution has
also adduced a certificate relatable thereto as required u/s. 65B(4)
of the Evidence Act.

10. All the accused persons have filed appeals against the
affirmation by the appellate court. They have challenged
constitutional validity of life imprisonment and draconian levy of
fine and compensation. The Hon’ble Supreme Court has
admitted appeals. Notices have been issued to the victim, her
father, Centre Government, Rajasthan State, and all other States
as to the appeal and in regard to constitutional validity of the
provisions.

Moot Court (8th FYLC - Proposition

25.7.2018