III Year BB.A., LL. B (Div.

- C) – Semester-V (2023)

I -Internal Assessment – LAW OF CRIMES III

SITUATIONAL PROBLEM SOLVING

NAME: Aman Goyal

DIVISION: C

PRN: 21010126277

COURSE: BBA LL.B. (H)

BATCH: 2021 - 2026

 INTRODUCTION AND FACTS IN BRIEF

1. Raju S/O unknown R/O unknown was married to Kamala W/O Raju R/O Unknown
for 20 years and had 2 sons Namely Sameer S/O Raju aged 18 and Samar S/O Raju
aged 19.
2. Raju was an abusive husband and used mediums like letters and speech to abuse
Kamala with regards to dowry and divorce.
3. Raju was addicted to substances such as alcohol and was perpetually noticed in a state
of voluntary intoxication.
4. 10 years into the marriage Raju began getting involved with women other than his
wife and sought divorce from Kamala, on Kamala’s refusal to divorce him, he became
verbally abusive.
5. In the wake of the physical abuse Kamala temporarily re-located to her brother’s
residence along with the 2 kids.
6. The temporary arrangement was altered and Kamala returned to Raju post promise of
resuming conjugal relationship with her, however that hardly panned out before Raju
started pressurizing her for divorce yet again. This time Raju gave her death threat
and about her kids and herself. Since Raju allegedly owns a revolver, the threats were
although more threatening.
7. Succumbing to the highly abusive circumstances Kamala committed suicide and her
body was discovered by her elder son Samar.

Q1. AS A LAWYER FOR THE DEFENCE WHICH COURT WOULD

YOU APPLEAL AGAINST THE DECISION OF THE TRIAL COURT?

As the Advocate appearing for the Defence (Mr Raju) I have multiple options of appeal
available on my disposition and the ideal one has to be elected based on the right, nature and
gravitas of the condition.

1) Appeal to the High Court under Section 372 of CrPC 1, bearing in mind that the
sentence should not be less than 3 months of imprisonment or less than 200Rs of fine or both

1
The Code of Criminal Procedure, 1973, § 372, No. 2, Acts of Parliament, 1974 (India)
in a crime that can have a highest penalization of up to 7 years or more. or 2) File a Special
Leave Petition before the Supreme Court under Article 136 of the Indian Constitution 2
bearing in mind that the it will be vital to prove the grave urgency of such an appeal with
regards to FR so no big deal ideally just a argument of liberty and wrongful confinement at
best. 3) Appeal to the Sessions court under Section 325 to 360 CrPC 3 the third option is a
matter of unrestricted right on dissatisfaction.

Appeal has been defined as a resort to a superior (i.e., appellate) court to review the decision
of an inferior (i.e., trial) court or administrative agency. A complaint to a higher tribunal of
an error or injustice committed by a lower tribunal, in which the error or injustice is sought
to be corrected or reversed4.

Appeal is the act of presenting one’s case to a higher judicial authority than the one
previously sought, to essentially complaint regarding any mistake or injustice committed
during the process of meting out justice by the lower court. An appeal is brought about by an
aggrieved party in a situation where they are not satisfied with the decision of the lower
court.

It is worthy to be noted that the grounds of appeal can only relate to either error in conviction
of the accused or the quantum of sentence provided. The same shall be elaborated while
answering question 2.

Q2. WHAT ARE THE GROUNDS ON WHICH YOU WOULD APPLEAL

AGAINST THE DECISION?

As elaborated earlier the grounds for appeal can only principally can be of 2 natures, i.e.,
error in conviction or error is sentencing. However, there are still further divided in the form
of appeal from conviction, Appeal from acquittal, and appeal from sentencing. The Code
of Criminal Procedure, 1973 contains the primary procedural provisions with respect to the
process appeal. Sections 372 to 393 of the Code deals with the provision of appeal. Fig 1.
Drawn below explains the key provisions more clearly. (PTO)

2
INDIAN CONST. art. 136
3
The Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India)
4
Garner, B. A., & Black, H. C. (2009). Black's law dictionary. 9th ed. St. Paul, MN, West.
 Q3. IMAGINE YOU ARE THE PROSECUTOR IN THIS CASE – HOW
WOULD YOU DEFEND THE CONVICTION AND PUNISHMENT OF
THE ACCUSED AGAINST THE APPEAL? EXPLAIN WITH THE
EXAMPLE OF CASE LAWS.

As the Advocate Appearing in Defence of Mr Raju I will contest on grounds of wrongful

Conviction, that is because both the grounds of conviction were faulty in nature. That is
because 113A of Evidence Act dictates that the presumption of abetment can only extend
upto 7 years from date of marriage and will make person liable under 306 that however is not
the case. So, the advocate appearing for the prosecution should have taken Section 107 of
IPC as ground. In the following Analysis I will explain to you 2 things 1) How 113A of
evidence is not applicable and how 107 of IPC should have been the ground and how
still there is no liability under this too.

FAULT IN Sec 306 AS A GROUND IN THIS CASE

As per Sec 107 of Indian Penal Code5 abetment has been committed if: -

1. Instigates any person to do that thing

2. or acts/ omits illegally

It is worthy of noting that the letter found, that authored by the deceased, suggests otherwise
infact. It is to be noted that both Kamala’s children were very dearly to her as evident in the
case factsheet, had abuse been the cause of her act the letter would not have requested her
children’s custody to go to him. She only mentions abuse to be the reason not who the abuser
is and also it is worthy to note that there is no direct evidence of Kamala herself admitting to
any abuse but only her brother allegedly stating that.

In the case of KV Prakash Babu V. State of Karnataka 6 It was held that extra marital
affairs while immoral will not make up for cruelty under 498A, in the same case it was send
asking for dowry too shall not deem to be cruelty under 498A.

FAULT IN SEC 113 A of EVIDENCE AS A GROUND

Sec 113 A of evidence act reads “Presumption as to abetment of suicide by a married

woman.—When the question is whether the commission of suicide by a woman had been
abetted by her husband or any relative of her husband and it is shown that she had
committed suicide within a period of seven years from the date of her marriage and that
her husband or such relative of her husband had subjected her to cruelty, the Court may
presume, having regard to all the other circumstances of the case, that such suicide had
been abetted by her husband or by such relative of her husband.1[113A. Presumption as to
abetment of suicide by a married woman.—When the question is whether the commission
of suicide by a woman had been abetted by her husband or any relative of her husband
and it is shown that she had committed suicide within a period of seven years from the date
of her marriage and that her husband or such relative of her husband had subjected her to
cruelty, the Court may presume, having regard to all the other circumstances of the case,
that such suicide had been abetted by her husband or by such relative of her husband."

Worth notice here shall be the period of 7 years has a huge relevance to the presumption
under this section and the same as facts is not consistent as it is safe to deduce from the facts
that they were at least 10 years into their marriage sufficiently before the incidence. In The

5
Indian Penal Code, 1860, § 107, No. 45, Acts of Parliament, 1860 (India)
6
KV Prakash Babu V. State of Karnataka, CRIMINAL APPEAL NO(S). 1138-1139 OF 2016
case of Ashok Kumar V. State of NCT of Delhi 7 the court held the above stated relevance
of time period by observing, “the appellant was entitled to acquittal”

Q4. ASSUME AS THE APPALLANT YOU LOSE THE APPLEAL IN

THE HC, WHAT OTHER OPTIONS DO YOU HAVE? CAN YOU TAKE
IT DIRECTLY BEFORE THE SUPREME COURT OF INDIA?
EXPLAIN YOUR ANSWER WITH REFERENCE TO RELEVANT
LEGAL PROVISIONS.

Invoking the Supreme Court's appellate jurisdiction requires just the appropriate High Court
to provide a certificate, as required by Article 132(1) 8, 133(1)9, or 13410 of the Constitution.
This allows the Supreme Court to exercise its appellate jurisdiction over the case. This
jurisdiction applies to judgments, decrees, or final decisions of High Courts in civil and
criminal matters where there are substantial legal questions pertaining to the interpretation of
the Constitution. This jurisdiction applies to instances where there are important legal
questions pertaining to the interpretation of the Constitution. In the event of civil disputes,
appeals can be taken to the Supreme Court if the High Court certifies that the case includes a
major legal question of general importance and that the High Court feels that the Supreme
Court should decide on this question. In the event that specific conditions are met, defendants
facing criminal charges have the opportunity to file an appeal with the Supreme Court. First,
an appeal can be taken to the Supreme Court if the High Court, after hearing an appeal,
reverses a previous judgement of acquittal and imposes a sentence of death or imprisonment
for life, or for a minimum length of 10 years, depending on the severity of the crime. Second,
an appeal may be lodged with the Supreme Court in the event that the High Court withdrew a
matter from the jurisdiction of a lower court and conducted its own trial, which resulted in a
conviction and a sentence of death or imprisonment for life, or for a minimum period of 10
years, depending on the severity of the offense. Last but not least, an appeal might be pursued
to the Supreme Court in a specific case if the High Court determines that the matter qualifies
as one that should be heard there. The power to grant the Supreme Court extra powers to
consider and judge appeals from judgments, final orders, or sentences handed down by a
7
Ashok Kumar V. State of NCT of Delhi, BAIL APPLN. 1753/2015 & CRL.M.A.18075/2015
8
INDIAN CONST. art. 132, cl. 1
9
INDIAN CONST. art. 133, cl. 1
10
INDIAN CONST. art. 134
High Court in criminal cases is vested in Parliament. These appeals can be from judgments,
final orders, or sentences.