AMJAD ALI KHAN MEMORIAL NATIONAL MOOT COURT COMPETITION 2023

TEAM CODE: 102

BEFORE

THE HON’BLE MOOT HIGH COURT OF SWADESH

IN THE MATTERS OF:

SAHIL ... APPELLANT/ACCUSED

V.

STATE OF JANA PRADESH ... RESPONDENT

UPON SUBMISSION TO THE HON’BLE MOOT HIGH COURT OF SWADESH

UNDER SECTION 374(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973

SAMEER ... APPELLANT/DE FACTO COMPLAINANT

V.

KOMAL AND PRINCIPAL ... RESPONDENTS/ACCUSED

UPON SUBMISSION TO THE HON’BLE MOOT HIGH COURT OF SWADESH

UNDER SECTION 372 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MEMORIAL ON BEHALF OF THE RESPONDENTS

COUNSEL APPEARING ON BEHALF OF THE RESPONDENTS

 AMJAD ALI KHAN MEMORIAL NATIONAL MOOT COURT COMPETITION 2023

TABLE OF CONTENTS

TABLE OF CONTENTS ......................................................................................................... 2

INDEX OF AUTHORITIES ................................................................................................... 3

STATEMENT OF JURISDICTION ...................................................................................... 5

STATEMENT OF FACTS ...................................................................................................... 6

STATEMENT OF ISSUES ..................................................................................................... 8

SUMMARY OF ARGUMENTS ............................................................................................. 9

ARGUMENTS ADVANCED ................................................................................................ 11

I. WHETHER THE HON’BLE MOOT HIGH COURT HAVE THE JURISDICTION TO

HEAR SAHIL’S APPEAL AGAINST HIS CONVICTION AND SENTENCE? ............. 11

II. WHETHER THE FATHER OF THE DECEASED HAS THE LOCUS STANDI TO
CHALLENGE THE TRIAL COURT’S DECISION TO ACQUIT KOMAL AND THE
PRINCIPAL? ....................................................................................................................... 12

III. WHETHER THE TRIAL COURT ERRED IN ACQUITTING KOMAL AND THE
PRINCIPAL? ....................................................................................................................... 15

IV. WHETHER THE PROSECUTION PROVED ITS CASE BEYOND ALL

REASONABLE DOUBT THAT THE ACCUSED SAHIL HAS COMMITTED THE
OFFENCE UNDER SECTIONS 354C AND 305 OF IPC, SECTION 67B OF THE IT ACT
AND SECTION 12 OF THE POCSO ACT? ...................................................................... 21

PRAYER ................................................................................................................................. 39

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INDEX OF AUTHORITIES

CASES

1. Amalendu Pal v. State of W.B. (2010) 1 SCC 707.

2. Balu alias Bala Subramaniam & Anr. v. State (U.T. of Pondicherry), (2016) 15 SCC
471.
3. Gouranga Debnath v. State of Tripura & Ors. C. M. Appl (Crl.) 89/2011 in Crl. A.
13/2011 (Gauhati High Court, 08/08/2011).
4. Joseph Stephen & Ors. v. Santhanasamy & Ors. AIR 2022 SC 670.
5. Khushal Rao v. State of Bombay AIR 1958 SC 22.
6. K.S. Puttaswamy & Anr. v. Union of India (2017) 10 SCC 1.
7. Mallella Shyamsunder v. State of Andhra Pradesh (2015) 2 SCC 486.
8. Mallikarjun Kodagali (Dead) represented through Legal Representatives v. State of
Karnataka & Ors., (2019) 2 SCC 752.
9. Manumiya v. State of Gujarat AIR 1979 SC 1706.
10. Manju Tejbal Vishwakarma & Anr. v. The Union Territory of Daman & Diu (2017)
SCC OnLine Bom 8895.
11. Nagesar v. State of Chhatisgarh, 2014 Cr LJ 2948.
12. Parmeshwar Mandal v. State of Bihar 2014 CrLJ 1046 (Pat) (DB).
13. Pawan Kumar v. State of Himachal Pradesh (2017) 7 SCC 780.
14. Praveen Pradhan v. State of Uttaranchal & Ors. (2012) 9 SCC 734.
15. Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618.
16. Rijo Joseph v. State of Kerala I.L.R. 2009 Ker 730.
17. Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546.
18. Sonu @ Billa v. State through SHO, PS Paschim Vihar East, CRL.A. 22/2023 (Delhi
High Court, 09/01/2023).
19. S. S. Chheena v. Vijay Kumar Mahajan and Ors. (2010) 12 SCC 190.
20. State of Maharashtra & Anr. v. Dr. Maroti (2023) 4 SCC 298.
21. Ude Singh v. State of Haryana (2019) 17 SCC 301.
22. Ulka Ram v. State of Rajasthan AIR 2001 SC 1814.

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STATUTES

1. The Indian Penal Code, 1860.

2. The Protection of Children from Sexual Offences Act, 2012.
3. The Information Technology Act, 2000.
4. The Code of Criminal Procedure, 1973.
5. The Indian Evidence Act, 1872.

BOOKS

1. Ratanlal & Dhirajlal, The Indian Penal Code (36th ed., 2022).
2. Dr. K.N. Chandrasekharan Pillai, R.V. Kelkar’s Lectures on Criminal Procedure (6th
ed., 2017).
3. Dr. V. Krishnamachari, Law of Evidence (8th ed., 2022).
4. Dr. S.C. Tripathi, Women and Criminal Law (3rd ed., 2023).

LAW REPORT

1. 154th Law Commission of India Report, 1996

UN RESOLUTION

1. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

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STATEMENT OF JURISDICTION

1. The Counsel for the appellant, Sahil, hereby humbly submits to the jurisdiction of this
Hon’ble Moot High Court, which has been invoked criminal Appellate Jurisdiction
under Section 374(2) of the Code of Criminal Procedure, 1973. The appellant, Sahil,
approached this Hon’ble Court to hear his appeal against his conviction and sentence
made by the Trial Court.
2. The Counsel for the appellant, Sameer, father of the deceased victim, Reshma, hereby
humbly submits to the jurisdiction of this Hon’ble Moot High Court, which has been
invoked criminal Appellate Jurisdiction under Section 372 of the Code of Criminal
Procedure, 1973. The appellant, Sameer, approached this Hon’ble Court to hear his
appeal against the acquittal of Komal and the principal of the college made by the Trial
Court.

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STATEMENT OF FACTS

1. The Democratic Republic of Swadesh is a Union of States. Sultanabad is the capital city of
Jana Pradesh. The National Academy of Engineering and Technology is located in
Sultanabad and provides hostel facilities to its students for both boys and girls.
2. Reshma, who is from a remote village, joined this college and is a first-year engineering
student. Reshma had only her father, Sameer, a struggling farmer, as her sole
guardian. Reshma shares her hostel room with Sara, Tina and Kushboo. Komal is the
warden of the girls’ hostel. She will be harsh on girls' students when they raise complaints
regarding the facilities of the hostel like water supply, quality of the food, etc.
3. Disturbingly, some students alleged that they had witnessed male students sneaking into
the warden's room during the night time adding to their growing sense of insecurity.
Warden, her husband and son, Sahil, reside in a small room outside the college campus.
4. Sahil is a final-year engineering student studying in the same college and often visits his
mother at the girls' hostel. He is known for his mischievous behaviour in college, getting
into quarrels with other students and teasing girls. He, along with his friends, has been
observed many times sitting near the girls' hostel compound wall and staring at female
students, which has led to complaints about his inappropriate behaviour.
5. Immediately after the Dussehra vacation, Reshma and a few other students returned to the
hostel and, later, they realized that there was no water supply and reported the same to the
warden. Since the warden's room had a bathroom with a separate water tank connection,
Komal permitted the female students to use it in an emergency. On the same fateful night,
at around 9 PM, Reshma decided to take a shower while the other girls were having their
dinner in the mess hall. To her dismay, she realised that the bathroom's bolt was missing.
Anxious but determined, she informed the warden not to allow anyone near the bathroom
and after getting her assurance went to take a bath.
6. Reshma, while bathing, suddenly heard a strange sound outside the bathroom. Curiosity
turned to terror as she suspected she was being watched. Fuelled by instinct, she flung open
the bathroom door, only to find Sahil standing there, his eyes wide open with shock. A
piercing scream echoed through the hostel, and Sahil, startled and panicked, fled the scene.
7. The commotion summoned Sara and the security guard Joseph, who arrived in time to
witness Sahil's hurried exit. They rushed to Reshma's aid who tearfully recounted the
horrifying sight of Sahil recording her with his phone through a gap in the bathroom door.

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8. Upon learning about the incident, Komal quickly gathered everyone and explained that she
had been on guard duty while Reshma was taking a bath in her room. Komal emphasized
that this incident was purely accidental, and Sahil had no ill intentions.
9. Subsequently, when students complained about this to the college management, the
principal directed Komal not to allow any men inside the hostel and reprimanded Sahil.
10. Reshma was being ridiculed by her college mates because of which she couldn't attend
college and kept weeping in her room. A few days later, Kushboo informed her that her
nude photos of her had gone viral on the internet. Reshma was shocked and traumatized to
see her nude photo and couldn't even disclose this to her father. Instead, she quietly returned
home stating that she was not feeling well. The next day, Sameer's world shattered as he
found Reshma hanging in the bedroom with a handwritten note blaming Sahil for her death.
11. After learning what happened to his daughter, Sameer registered a complaint against Sahil,
Komal and the Principal based on which the police registered a case against them u/s 354C,
305 r/w 34 of the IPC, Section 67B of the IT Act and Section 12 of the POCSO Act. The
Trial Court took cognizance and framed the same charges against all the accused for which
they pleaded not guilty and claimed trial. The evidence of witnesses was recorded.
12. The prosecution submitted the evidence of the suicide note of Reshma alleging Sahil,
Komal and Principal for her death. The report of SHO stated that Sahil deleted the nude
photos of Reshma from his phone after sharing them with his friends. The testimonies of
Sameer, Kushboo, Sara and Joseph were also taken. The prosecution also contended that
Sahil had ill intentions to take nude photos of Reshma to harass her and his acts were
supported by Komal and the college principal, so they are liable.
13. The defence alleged that on that night, Komal had heard students shouting and had rushed
to the mess hall, where she discovered a cockroach in the rice that had been served. She
promptly instructed the cook to discard the rice and prepare again. Meanwhile, Sahil arrived
at the warden's room with a large cake and a bag full of snacks as he wanted to celebrate
his mother's birthday. He arranged these items in Komal's room and while he was clicking
the cake pictures, he heard some noise from the bathroom. He thought it was his mother
and went near the bathroom to talk to her but to his dismay, Reshma opened the door and
as she screamed, he did not know what to do and so left the place immediately in panic.
14. The Trial Court acquitted Komal and the Principal and convicted Sahil for eight years
imprisonment along with a fine of 10,000/-. by this conviction, Sahil approached the
Hon'ble Moot High Court. The father of the deceased challenged the trial court decision of
acquitting Principal and Komal.
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STATEMENT OF ISSUES

1. Whether the Hon'ble Moot High Court has the Jurisdiction to hear Sahil's appeal against
his conviction and sentence?

2. Whether the father of the deceased has the locus standi to challenge the Trial Court's
decision to acquit Komal and the Principal?

3. Whether the trial court erred in acquitting Komal and the Principal?

4. Whether the Prosecution proved its case beyond all reasonable doubts. that the accused
Sahil has committed the offence under Sections 354C and 305 of IPC, Section 67B of
the IT Act and Section 12 of the POCSO Act?

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SUMMARY OF ARGUMENTS

I. WHETHER THE HON’BLE MOOT HIGH COURT HAVE THE JURISDICTION

TO HEAR SAHIL’S APPEAL AGAINST HIS CONVICTION AND SENTENCE?
It is humbly submitted that the Hon’ble Moot High Court have jurisdiction to hear the appeal
filed by Sahil, the accused, against his conviction and sentence made by the Trial Court under
Section 374(2) of the CrPC, 1973. However, the Counsel representing the State of Jana Pradesh
request the Hon’ble Court to summarily dismiss the appeal under Section 384 of the CrPC due
to lack of sufficient grounds as there is a clear finding by the Trial Court regarding the guilt of
the accused is fully justified.

II. WHETHER THE FATHER OF THE DECEASED HAVE THE LOCUS STANDI TO
CHALLENGE THE TRIAL COURT’S DECISION TO ACQUIT KOMAL AND THE
PRINCIPAL?
It is humbly submitted that the father of the deceased, Sameer, have locus standi to challenge
the acquittal of Komal and the principal of the college by the Trial Court by way of appealing
before the Hon’ble High Court as per the proviso to Section 372 of the CrPC, 1973, which
conferred an absolute statutory right to appeal against the acquittal order by the Trial Court.
And, there is no requirement to obtain leave of the Hon’ble High Court as per the intention of
the legislature.

III. WHETHER THE TRIAL COURT ERRED IN ACQUITTING KOMAL AND THE
PRINCIPAL?
It is humbly submitted that the Counsel strongly argues before the Hon’ble Moot High Court
that the Trial Court's error in acquitting Komal, the hostel warden, and the principal under
multiple sections of the Indian Penal Code and the POCSO Act warrants a thorough re-
evaluation of the case. Relying on legal precedents and evidence presented, the Counsel
contends that Komal and the principal had knowledge of the likelihood of the commission of
offence when girls complained about the boys’ entry in the girls' hostel and their omission to
take any action establishes an act in furtherance of their common. Emphasizing the duty
imposed by the POCSO Act's Section 21 to report offences and the severity of crimes against
children, the Counsel asserts that their failure to act was negligent and contributed to grave
consequences. Stressing the gravity of these offences against minors and citing relevant legal

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judgments, the Counsel urges the High Court to overturn the Trial Court's acquittal,
highlighting strong evidence to establish Komal and the principal's culpability.

IV. WHETHER THE PROSECUTION PROVED ITS CASE BEYOND ALL

REASONABLE DOUBT THAT THE ACCUSED SAHIL HAS COMMITTED THE
OFFENCE UNDER SECTIONS 354C AND 305 OF IPC, SECTION 67B OF THE IT ACT
AND SECTION 12 OF THE POCSO ACT?
It is humbly submitted that the prosecution in the Trial Court has sufficiently proven its case
beyond a reasonable doubt that the accused, Sahil, committed offenses under Section 354C and
305 of the IPC, Section 67B of the IT Act, and Section 12 of the POCSO Act. All the evidence
presented stands against Sahil, and considering the legal interpretation, Sahil's actions fall
within the scope of all the charges against him. Various case laws also support this stance.
Therefore, there is no doubt that Sahil is guilty, and the prosecution has indeed proven his guilt
beyond a reasonable doubt.

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ARGUMENTS ADVANCED

I. WHETHER THE HON’BLE MOOT HIGH COURT HAVE THE JURISDICTION

TO HEAR SAHIL’S APPEAL AGAINST HIS CONVICTION AND SENTENCE?

1. It is humbly submitted that the Hon’ble Moot High Court have criminal Appellate
Jurisdiction as provided under Section 374(2)1 of the CrPC which states that “Any person
convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial
held by any other Court in which a sentence of imprisonment for more than seven years
[has been against him or against any other person convicted at the same trial] may appeal
to the High Court.” This section allows any person convicted by the Trial Court in which a
sentence of imprisonment for a term exceeding seven years has been passed against him
may appeal to the High Court.
2. Thus, the Hon’ble Moot High Court have jurisdiction to hear appeal filed by the accused,
Sahil, against the conviction and sentence imposed by the Trial Court on Sahil.
3. However, the Counsel representing the State requests the Hon’ble Moot High Court to
summarily dismiss the said appeal filed by Sahil under Section 3842 of the CrPC, which
states “If upon examining the petition of appeal and copy of the judgment received under
section 382 or section 383, the Appellate Court considers that there is no sufficient ground
for interfering, it may dismiss the appeal summarily”.
4. The Counsel humbly requests the Hon’ble Moot High Court to dismiss Sahil’s appeal
against his conviction and sentence summarily, i.e., without the delay of formal
proceedings, because there is no sufficient ground for interference as the appeal is
frivolous and, hence, wastes the precious time of the Hon’ble Moot High Court.
5. It is submitted before the Hon’ble Court that the Hon’ble Supreme Court, in Manumiya v.
State of Gujarat (1979),3 held that the High Court’s dismissal of the appeal due to lack of
sufficient grounds as there is a clear finding by the Trial Court regarding the guilt of the
accused is fully justified.
6. It is humbly submitted before the Hon’ble Moot High Court that there is no serious and
substantial points either of law or of fact which is arguable by the accused, Sahil, and,
hence, no issues of substance and importance was raised to hear the appeal because of

1
S. 374(2), The Code of Criminal Procedure, 1973.
2
S. 384, The Code of Criminal Procedure, 1973.
3
Manumiya v. State of Gujarat AIR 1979 SC 1706.

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which we request the Hon’ble Court to dismiss it summarily on the ground of no sufficient
reasons and arguable points under Section 384 of the CrPC.

II. WHETHER THE FATHER OF THE DECEASED HAS THE LOCUS STANDI TO
CHALLENGE THE TRIAL COURT’S DECISION TO ACQUIT KOMAL AND THE
PRINCIPAL?

1. It is humbly submitted before the Hon’ble Moot High Court that the father of the deceased
has the locus standi to challenge the Trial Court’s decision to acquit Komal and the
principal by way of appeal to the High Court of the State of Jana Pradesh.
2. It is pertinent to look into the definition of “victim” as provided under clause (wa)4 of
Section 2 of the CrPC, which was inserted by Section 25 of the CrPC (Amendment) Act,
2008 to confer certain rights on the guardians and legal heirs of the victim. According to
this new clause, “victim” means “a person who suffered any loss or injury caused by reason
of the act or omission for which the accused person has been charged and the expression
“victim” includes his or her guardian or legal heir”. The definition contained in the said
provision explicitly states that the guardian of the victim, including his/her father, shall also
be deemed as a “victim”. Therefore, Sameer, the father of the deceased victim, Reshma,
shall be treated as a “victim” because he suffered mental loss or injury due to the suicide
of his lone daughter.
3. We request the Hon’ble Court refer to the interpretation of the expression “loss or injury”
given by the Gauhati High Court, in the case of Gouranga Debnath v. State of Tripura &
Ors. (2011),6 where it stated that: “As the words ‘loss’ and ‘injury’ were not defined in the
Code, we have to consider that loss and injury, as mental and physical injury and also
emotional sufferings and the deceased being the lone daughter of the petitioner, absence
of his daughter due to alleged murder by the accused respondents created a void in the
heart of the petitioner and also his family members”. The Gauhati High Court, thus, held
that the father of the deceased is the victim next to the real deceased victim because the
father also has undeniably suffered immense emotional and psychological loss due to the
tragic incident.

4
S. 2(wa), The Code of Criminal Procedure, 1973.
5
S. 2, The Code of Criminal Procedure (Amendment) Act, 2022.
6
Gouranga Debnath v. State of Tripura & Ors. C. M. Appl (Crl.) 89/2011 in Crl. A. 13/2011 (Gauhati High Court,
08/08/2011).

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4. After the amendment to Section 3727 of the CrPC, by which proviso to Section 372 CrPC
came to be inserted by CrPC (Amendment) Act, 2008, w.e.f. 31.12.2009, as prompted by
154th Law Commission Report, 1996,8 “the victim shall have a right to prefer an appeal
against any order passed by the Court acquitting the accused or convicting for a lesser
offence or imposing inadequate compensation” and as per the said proviso, such “appeal
shall lie to the Court to which an appeal ordinarily lies against the order of conviction of
such Court”. It is submitted that, therefore, the victim, including her guardian i.e., the
father of the deceased, has a statutory right of appeal against the order of acquittal under
Section 372, CrPC. In order to look into the intention of the legislature to confer such
statutory right of appeal to victim, we request the Hon’ble Court to refer to Mallikarjun
Kodagali v. State of Karnataka (2019)9 where it was stated that the SC stated that “there
is a historical reason for this, beginning with the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power,10 adopted by the General Assembly of the
United Nations in the 96th Plenary Session on 29th November 1985. The Declaration is
sometimes referred to as the Magna Carta of the rights of victims. It is one of the significant
declarations made in relation to access to justice for the victim of an offence through the
justice delivery mechanisms, both formal and informal… Putting the Declaration into
practice, it is quite obvious that the victim of an offence is entitled to a variety of rights.
Access to mechanisms of justice and redress through formal procedures as provided for in
national legislation, must include the right to file an appeal against an order of acquittal
in a case such as the one that we are presently concerned with. Considered in this light,
there is no doubt that the proviso to Section 372 of the Cr.P.C. must be given life, to benefit
the victim of an offence.”
5. The 154th Law Commission Report, which is the reason for the amendment of CrPC, has
noted the relevant aspect of the matter, namely, that the victims are the worst sufferers in a
crime and they do not have much role in the Court proceedings. They need to be given
certain rights and compensation so that there is no distortion of the Criminal Justice System.
Therefore, the Parliament on the basis of the aforesaid Report of the Law Commission,

7
S. 372, The Code of Criminal Procedure, 1973.
8
154th Law Commission of India Report, The Code of Criminal Procedure, 1973 (Act No.2 of 1974), (1996),
available at
https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081087.pdf.
9
Mallikarjun Kodagali (Dead) represented through Legal Representatives v. State of Karnataka & Ors., (2019) 2
SCC 752.
10
U.N. General Assembly, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
Res. 40/34, Sess. 40, U.N. Document A/RES/40/34, available at
https://nludelhi.ac.in/UploadedImages/150093bc-dde8-4e2f-abf6-bd63c71ec0f6.pdf, last seen on 14/12/2023.

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which is victim-oriented in approach, has amended certain provisions of the CrPC and in
that amendment the proviso to Section 372 of CrPC was added to confer the statutory right
upon the victim to prefer an appeal before the High Court against acquittal order, or an
order convicting the accused for the lesser offence or against the order imposing inadequate
compensation.
6. In the light of afore-mentioned legislation history, it is evident that the intention of
legislators is to confer certain essential rights to victim, the person who suffered the most,
even though the crime is considered to be a wrong against the society. The basic right
among such essential rights is right of appeal to an Appellate Court against the acquittal
order of lower courts so that the offenders are not walk free without any punishment by
virtue of the errors made by lower courts.
7. It is further submitted that the Hon’ble Supreme Court, in the case of Mallikarjun Kodagali
v. State of Karnataka (2019),11 held that, even in a case where the victim prefers an appeal
against acquittal, he has an absolute right of appeal against the order of acquittal and,
therefore, he is not required to even seek leave to appeal as required in case of
“complainant” while preferring the appeal under Section 378(4) CrPC.
8. It is pertinent to put forward the observations of the Division Bench of the Patna High Court
in Parmeshwar Mandal v. State of Bihar (2014)12 where the Court has touched upon the
various aspects of the proviso to Section 372. The Court held that “The right of a “victim‟
to prefer an appeal in terms of the said proviso to Section 372 is an unqualified right and
no “leave to appeal‟ or “special leave‟ is required to be obtained by him/her for the
purpose, as required by the State or the complainant for maintaining an appeal in terms
of Section 378 of the Code.”
9. It is further submitted that the Hon’ble Supreme Court, in Joseph Stephen & Ors. v.
Santhanasamy & Ors. (2022),13 referred to the case of Mallikarjun Kodagali and stated
that “so far as the victim is concerned, where the SC held that the victim has not to pray
for a grant of special leave to appeal, as the victim has a statutory right of appeal under
Section 372 proviso and the proviso to Section 372 does not stipulate any condition of
obtaining special leave to appeal like sub-section (4) of Section 378 CrPC in the case of a
complainant and in a case where an order of acquittal is passed in any case instituted upon

11
Mallikarjun Kodagali (Dead) represented through Legal Representatives v. State of Karnataka & Ors., (2019)
2 SCC 752.
12
Parmeshwar Mandal v. State of Bihar 2014 CrLJ 1046 (Pat) (DB).
13
Joseph Stephen & Ors. v. Santhanasamy & Ors. AIR 2022 SC 670.

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complaint. The right provided to the victim to prefer an appeal against the order of
acquittal is an absolute right.”
10. It is humbly submitted before the Hon’ble Moot High Court that Sameer, being the
biological father as well as the sole guardian of the deceased victim, Reshma, has the locus
standi to challenge the Trial Court’s decision to acquit Komal and the principal by way of
appeal to the High Court of the State of Jana Pradesh under proviso of Section 372 of the
CrPC, even without any leave of the High Court, keeping in the mind the legislative history
and intention.

III. WHETHER THE TRIAL COURT ERRED IN ACQUITTING KOMAL AND THE
PRINCIPAL?

1. It is humbly submitted before the Hon’ble Moot High Court that the Trial Court erred in
acquitting Komal, the warden for the girls’ hostel in the National Academy of Engineering
and Technology, as well as the principal of the said college under Sections 354C14, 30515
read with Section 3416 of the Indian Penal Code, 1860, Section 67B17 of the Information
Technology Act, 2000 and Section 1218 of the Protection of Children from Sexual Offences
(POCSO) Act, 2012.
2. It is humbly submitted before the Hon’ble Moot High Court that the Hon’ble Supreme
Court of India, in the case of Jogi v. State of Madhya Pradesh (2021),19 held that “while
considering the criminal appeal under Section 374(2) of CrPC, the High Court was duty
bound to consider the entirety of the evidence.” Because of the error made by the Trial
Court, the counsel representing the State of Jana Pradesh requests the Hon’ble Moot High
Court, which is currently exercising its appellate jurisdiction by dealing with a substantive
appeal under the provision of Section 374(2) of the CrPC, to evaluate the entire evidence
on the record, including vital submissions which go to the root of the matter, independently
and to arrive at findings as regards the guilt or criminal liability of the accused persons,
namely, Komal and the principal, based on the evidentiary material.
3. From the facts of the case, it is evident that the warden of the girls’ hostel, Komal, is known
for her harsh and unpredictable behaviour when girls complain about the scarcity of water

14
S. 354C, The Indian Penal Code, 1860.
15
S. 305, The Indian Penal Code, 1860.
16
S. 34, The Indian Penal Code, 1860.
17
S. 67B, The Information Technology Act, 2000.
18
S. 12, The Protection of Children from Sexual Offences Act, 2012.
19
Jogi v State of Madhya Pradesh, Special Leave Petition (Crl.) No. 2245/2020 (Supreme Court, 08/11/2021)

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in washrooms. Additionally, the girls students also complained many times to warden as
well as college management that boys were sneaking into the girls’ hostel which caused a
lot of problems and inconvenience to the girls. However, the warden, Komal, and the
principal of the college still did not take actions to solve the issues or complaints rised by
girls.
4. As per the facts given, when a few girls, who returned to the hostel after Dasara vacation,
reported having no water supply on 13th October 2019, Komal reacted normally and
permitted the girls to use her washroom. Later, Reshma, who decided to use the washroom,
found that there was no bolt in the warden’s washroom. Reshma, after receiving assurance
from the warden, started bathing, during which Sahil recorded such private activity of
Reshma. If the warden guards the room when Reshma is bathing as assured by her, this
incident would have taken place. The defence argued that the warden went to mess hall
because there is a cockroach was found in the food. From these circumstances, the court
can draw an inference that the omission of Komal led to the commission of an offence by
Sahil and, hence, constitutes an “act” in furtherance of the common intention. The
testimonies made by the witnesses are substantiated by the prosecution to draw such an
inference.
5. It is submitted before the Hon’ble Court that all the participants of the crime will be
punished by virtue of Section 34 of the IPC, 1860, which deals with the ‘acts done by
several persons in furtherance of the common intention’, that states as under:
Acts done by several persons in furtherance of the common intention.- When a
criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him
alone.
In the above section, the word “act” is mentioned, which was defined under Section 3320
of the IPC as under:
Act, Omission.- the word act denotes as well a series of acts as a single act: the word
omission denotes as well a series of omissions as a single omission.
6. It is submitted that the Hon’ble Supreme Court of India, in the case of Balu alias Bala
Subramaniam & Anr. v. State (U.T. of Pondicherry) (2016),21 observed that “the essence
of liability under Section 34 IPC is simultaneous conscious mind of persons participating

20
S. 33, The Indian Penal Code, 1860.
21
Balu alias Bala Subramaniam & Anr. v. State (U.T. of Pondicherry), (2016) 15 SCC 471.

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 AMJAD ALI KHAN MEMORIAL NATIONAL MOOT COURT COMPETITION 2023

in the criminal action to bring about a particular result. Minds regarding the sharing of
common intention get satisfied when an overt act is established qua each of the accused”.
The Court, in the said case, further held that “the question whether there was any common
intention or not depends upon the inference to be drawn from the proven facts and
circumstances of each case. The totality of the circumstances must be taken into
consideration in arriving at the conclusion whether the accused had a common intention
to commit an offence with which they could be convicted.” The Supreme Court, in the case
of Subed Ali & Ors. v. State of Assam (2020),22 observed that “there can hardly be any
direct evidence of common intention. It is more a matter of inference to be drawn from
the facts and circumstances of a case based on the cumulative assessment of the nature
of evidence available against the participants.”
7. It is humbly submitted before the Hon’ble Court that, from the facts and circumstances of
the present case regarding the conduct of Komal and the principal, an inference can be
drawn that there is a an act i.e., omission of not taking any action despite of complaints
rised by the girls and have knowledge of likelihood of consequence of allowing boys to
enter girls hostel.
8. It is submitted that Komal and the principal have knowledge of the likelihood of the
occurrence of such incidents as voyeurism when they received complaints that the girls
are facing issues when boys are sneaking into their hostel. Such knowledge possessed
by the warden, Komal, and the principal signifies the existence of the common intention
under Section 34 of the IPC. In the case of Nagesar v. State of Chhatisgarh (2014)23, the
Hon’ble Supreme Court observed that “it is settled law that mere presence or association
with other members alone does not per se be sufficient to hold every one of them criminally
liable for the offences committed by the others unless there was sufficient evidence on
record to show that one such also intended to or knew the likelihood of commission of such
an offending act.” In the present case, there is sufficient evidence on record that both
Komal and the principal knew the likelihood of the commission of such an offending
act when a group of female students frequently made complaints to the college
authorities regarding the boys’ entry into the girls' hostel.

22
Subed Ali & Ors. v. State of Assam AIR 2020 SC 4657.
23
Nagesar v. State of Chhatisgarh, 2014 Cr LJ 2948.

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9. Thus, the two main essentials of Section 34 of the IPC, viz., (1) Common intention to
commit a particular criminal act; and (2) Participation by all accused persons in such
criminal act in furtherance of such common intention, are fulfilled in case of Komal.
10. The Counsel wants to submit to the Court that Komal and the principal of the college, in
addition to the charges specified above, shall also be held liable under Section 21 of the
Protection of Children from Sexual Offences (POCSO) Act, 2012, which read as under:
Punishment for failure to report or record the case.- (1) Any person, who fails to
report the commission of an offence under subsection (1) of section 19 or section 20 or
who fails to record such offence under sub-section (2) of section 19 shall be punished
with imprisonment of either description which may extend to six months or with fine or
with both.
(2) Any person, being in-charge of any company or an institution (by whatever name
called) who fails to report the commission of an offence under sub-section (1) of section
19 in respect of a subordinate under his control, shall be punished with imprisonment
for a term which may extend to one year and with fine.
11. Section 2124 of the POCSO Act explicitly mandates that any person, who, on receiving
information about the commission of an offense under this Act, does not report it to the
police or the Special Juvenile Police Unit, is liable to punishment. The principal, being the
head of the institution, and the warden, as a responsible custodian of the students, had a
legal obligation to report the incident promptly. Their failure to report allowed the situation
to escalate, leading to the circulation of nude photos of Reshma, the victim, exacerbating
Reshma's humiliation, and ultimately contributing to her decision to take her own life. This
negligence on the part of Komal and the principal is a clear violation of the legal duty
imposed by the POCSO Act and has grave consequences for the safety and well-being of
the students under their care.
12. Children are precious human resources of our country; they are the country’s future. The
hope of tomorrow rests on them. But, unfortunately, in our country, a girl child is in a very
vulnerable position. There are different modes of her exploitation, including sexual assault
and/or sexual abuse. In our view, the exploitation of children in such a manner is a crime
against humanity and society. Therefore, the children and more particularly the girl child
deserve full protection and need greater care and protection whether in the urban or rural
areas. Keeping in mind the aforesaid objects and to achieve what has been provided under

24
S. 21, The Protection of Children from Sexual Offences Act, 2012.

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Articles 1525 and 3926 of the Constitution of India to protect children from the offences of
sexual assault, and sexual harassment, the POCSO Act, 2012 has been enacted. Any act of
sexual assault or sexual harassment on children should be viewed very seriously and all
such offences of sexual assault, and sexual harassment on children have to be dealt with in
a stringent manner by awarding a suitable commensurate with such heinous acts of the
offender and no leniency should be shown to a person who has committed the offence under
the POCSO Act. A message must be conveyed to the society at large.
13. Cases of sexual assault or sexual harassment of children are instances of perverse lust
for sex where even innocent children are not spared in pursuit of such debased sexual
pleasure. As per the United Nations Convention on the Rights of Children, to which India
is a signatory to the treaty, the State parties are to undertake all appropriate national,
bilateral and multilateral measures to prevent (a) the inducement or coercion of a child to
engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution
or other unlawful sexual practices; and (c) the exploitative use of children in pornographic
performances and materials. Article 19 of the said Convention states the following:
“1. States parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all form/s of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who
has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for
the establishment of social programmes to provide necessary support for the child and
for those who have the care of the child, as well as for other forms of prevention and
for identification, reporting, referral, investigation, treatment and followup of
instances of child maltreatment described heretofore, and, as appropriate, for judicial
involvement.”
14. The general comment No.13 on the Convention specifically dealt with the right of the child
to freedom from all forms of violence and it has observed that “no violence against children
is justifiable; all violence against children is preventable”.
15. It is submitted to the Hon’ble Court that the Hon’ble Supreme Court in the case of State of
Maharashtra & Anr. v. Dr. Maroti (2023)27 observed “To achieve the avowed purpose, a

25
Art. 15, the Constitution of India.
26
Art. 39, the Constitution of India.
27
State of Maharashtra & Anr. v. Dr. Maroti (2023) 4 SCC 298.

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legal obligation for reporting of offence under the POCSO Act is cast upon on a person to
inform the relevant authorities specified thereunder when he/she has knowledge that an
offence under the Act had been committed. Such obligation is also bestowed on person who
has apprehension that an offence under this Act is likely to be committed. Besides casting
such a legal obligation under Section 19, the legislature thought it expedient to make failure
to discharge the obligation thereunder as punishable, under Section 21 thereof… Certainly,
such provisions are included in with a view to ensure strict compliance of the provisions
under the POCSO Act and thereby to ensure that the tender age of children is not being
abused and their childhood and youth is protected against exploitation.”
16. Looking at the penal provisions referred to above, making failure to discharge the
obligation under Section 19(1)28 punishable only with imprisonment for a short duration
viz. six months, one may think that it is not an offence to be taken seriously. However, the
Counsel expresses that the term of the imprisonment by itself is not the test of seriousness
or otherwise of an offence of failure to discharge the legal obligation under Section 19,
punishable under Section 21 of the POCSO Act.
17. It is further submitted that in the SC’s decision in Shankar Kisanrao Khade v. State of
Maharashtra (2013),29 a two-judge Bench of this Court observed as under:
“If hospitals, whether government or privately-owned or medical institutions where
children are being treated come to know that children admitted are subjected to sexual
abuse, the same will immediately be reported to the nearest Juvenile Justice
Board/SJPU and the Juvenile Justice Board, in consultation with SJPU, should take
appropriate steps in accordance with the law safeguarding the interest of the child. The
non-reporting of the crime by anybody, after having come to know that a minor child
below the age of 18 years was subjected to any sexual assault, is a serious crime and
by not reporting they are screening the offenders from legal punishment and hence be
held liable under the ordinary criminal law and prompt action be taken against them,
in accordance with law.”
18. At last, it is humbly submitted to the Hon’ble Moot High Court that the Trial Court has
erred by acquitting the other co-accused, i.e., Komal and the principal. Thus, we request
the Hon’ble Moot High Court to convict them based on the above-mentioned arguments
and strong evidence produced by the prosecution.

28
S. 19(1), The Protection of Children from Sexual Offences Act, 2012.
29
Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546.

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IV. WHETHER THE PROSECUTION PROVED ITS CASE BEYOND ALL

REASONABLE DOUBT THAT THE ACCUSED SAHIL HAS COMMITTED THE
OFFENCE UNDER SECTIONS 354C AND 305 OF IPC, SECTION 67B OF THE IT
ACT AND SECTION 12 OF THE POCSO ACT?

1. In the present case, a complex legal issue has arisen due to the terrible circumstances
surrounding the premature death of Reshma, a bright first-year engineering student. The
incident, which took place inside the National Academy of Engineering and Technology,
is significant since it involves serious accusations against Sahil, Komal and the college
principal. In the middle of the complicated circumstances surrounding Reshma's untimely
death, accusations of wrongdoing, voyeurism, and the widespread circulation of Reshma’s
nude photos have surfaced, raising questions about what actually happened. It is up to the
Hon’ble Moot High Court to sort through this complex chain of events, determine whether
or not the accused is guilty of these serious charges and deliver justice to the deceased
victim, Reshma, and her sole guardian, Sameer.
2. Addressing the issue at present, the evidence presented in connection with the testimonies
of the witnesses clearly points to the accused parties' guilt. The thorough examination of
the evidence, the compelling testimony, and the legal requirements come together to paint
a clear picture that evidently shows the accused's guilt. The case as a whole provides a
thorough account that eliminates any possibility of dispute about the accused's role in the
events in question.
3. Sahil is charged under Section 354C and 305 of the Indian Penal Code, 1980, Section 67B
of the Information Technology Act, 2000 and Section 12 of the Prevention of Children
from Sexual Offences (POCSCO) Act, 2012.
4. It is humbly submitted before the Hon’ble Moot High Court that the Hon’ble Supreme
Court of India, in the case of Jogi v. State of Madhya Pradesh (2021),30 held that “while
considering the criminal appeal under Section 374(2) of CrPC, the High Court was duty
bound to consider the entirety of the evidence.” Because of the error made by the Trial
Court, the counsel representing the State of Jana Pradesh requests the Hon’ble Moot High
Court, which is currently exercising its appellate jurisdiction by dealing with a substantive
appeal under the provision of Section 374(2) of the CrPC, to evaluate the entire evidence
on the record, including vital submissions which go to the root of the matter, independently

30
Supra

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and to arrive at findings as regards the guilt or criminal liability of the accused persons,
namely, Komal and the principal, based on the evidentiary material.
5. Thus, the Counsel would like to establish the guilt of the accused, Sahil, one by one by co-
relating with the facts and circumstances of the case.

4.1. THAT THE PROSECUTION PROVED SAHIL IS GUILTY UNDER SECTION 354C OF THE

IPC BEYOND ALL REASONABLE DOUBTS

6. Section 354C of the Indian Penal Code, 1980 read as under:

Voyeurism.- Any man who watches, or captures the image of a woman engaging in a
private act in circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image, shall be punished on first conviction with
imprisonment of either description for a term which shall not be less than one year, but
which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term
which shall not be less than three years, but which may extend to seven years, and shall
also be liable to fine.
Explanation 1.- For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be
expected to provide privacy and where the victim’s genitals, posterior or breasts are
exposed or covered only in underwear; or the victim is using a lavatory; or the victim
is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.- Where the victim consents to the capture of the images or any act, but
not to their dissemination to third persons and where such image or act is disseminated,
such dissemination shall be considered an offence under this section.
7. The Counsel representing the State of Jana Pradesh would like to stress this Section by
stating that this provision clearly prohibits any man from watching or capturing any image
of a woman who is engaging in a private act where such a woman would not expect anyone
to observe her while performing such private act. By examination of the evidence on record
along with the testimonies made by the witnesses, it is evident that Sahil outraged modesty
of Reshma by watching her take a bath and even clicking her nude pictures with his phone,
hence, Sahil’s acts come under the definition of voyeurism as provided under Section 354C
of the IPC.

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8. The Counsel would like to establish all the essential ingredients of the offence of voyeurism
under Section 354C of the IPC, which are as under, one by one:
a. The accused should either watch or capture the image
b. The victim was engaging in a private act where she would usually have the expectation
of either not being observed by the perpetrator or any other person at the behest of the
perpetrator.

4.1.1. That Sahil watched and captured the images of the victim, Reshma
9. The accusation that Sahil watched and captured the images of the victim, Reshma, was
proved by the prosecution by submitting the testimonies given by Sara, Joseph, Kushboo
and Sameer, which were clearly mentioned in the Station House Officer (SHO) Report
that was produced to the Trial Court. The testimonies presented in this case are pivotal as
they constitute significant evidence, aligning with the stipulations of Section 331 of the
Indian Evidence Act, 1872 broadly defines “evidence” as encompassing “all statements,
written or oral, presented before the court for consideration”.
8.1. Sara, Joseph and Kushboo testified two statements. The first statement is that they
heard the piercing screams of Reshma that echoed through the hostel. These
statements are direct oral evidence as they personally perceived the said fact.
Because the statements made by them are consistent with each other, it has higher
evidentiary value. The second statement is what the victim, Reshma, narrated to
them. They stated that Reshma was crying when approached her after hearing the
screams and she narrated the horrifying sight of Sahil recording her when he was
taking a bath with his phone through a gap in the bathroom door. Because the victim
narrated immediately after the incident, the narration of Reshma to witnesses is
admissible in evidence.
8.2. The testimonies of Sara and Joseph, the security guard, state that they witnessed
the hurried exit of Sahil from the girls’ hostel, which occurred immediately after
the incident in the warden’s room. The fact of Sahil’s subsequent conduct of the
incident, i.e., running away from the hostel, is an external conduct of the accused
and, hence, is relevant to the fact-in-issue, i.e., whether Sahil committed the
offences which he was charged with. The Counsel submits to the Court that the
subsequent conduct of the accused was directly influenced by the fact-in-issue and
suggests the guilty conduct of the accused, Sahil.

31
S. 3, The Indian Evidence Act, 1872.

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8.3. The testimony given by the father of the deceased, Sameer, states that her daughter
returned to home on 12-11-2019 stating that she was not feeling well. Next day, i.e.,
on 13-11-2019, he said that he was shocked to see her daughter hanging in the
bedroom and got instantly shattered. He also saw a handwritten suicide note which
was written by Reshma in which the victim blamed Sahil for her death.
10. The above-mentioned testimonies made by the witnesses suggest the guilty conduct of the
accused, Sahil.
11. In compliance with Section 60 of the IEA, the testimonies by the witnesses, namely, Sara,
Kushboo and Joseph, produced herein are direct, as they originate from individuals who
personally perceived the facts they are testifying about. These testimonies hold immense
evidentiary value as they offer first-hand accounts, meeting the basic rule of oral evidence
i.e., oral evidence must be direct. Moreover, the said testimonies of witnesses serve as vital
components in establishing the sequence of events and elucidating the circumstances
surrounding the alleged incident, thus, warranting utmost consideration and significance in
the court's deliberations.
12. Because the victim was not alive now, the narration disclosed by the victim, Reshma, to
Sara, Kushboo and Joseph is very essential fact to be considered by the Court while
appreciating the evidence. In Rijo Joseph v. State of Kerala (2010),32 the Kerala High
Court held “As per the above provision (Section 6 of the IEA), it has been held that the
statements by an injured witness to those who come immediately to the place, regarding
the incident are admissible in evidence. The principle is known as res gestae.” A
scrutiny of the oral evidence of Kushboo, Sara and Joseph shows that they have given
a consistent and uniform version of what had been seen and heard by them as well as
the narration of the incident by Reshma, the victim in the present case. The Counsel
submits to the Hon’ble Court that there are no reasons as to why they should speak
falsehood. It has to be noticed that the statements or narration made by the victim,
Reshma, to the said witnesses are immediately after the incident and such narration is
contemporaneous to the acts, which constituted the offence, or immediately thereafter.
There is nothing to show that there was any opportunity to fabricate statements or
concoct a story by the victim.

32
Rijo Joseph v. State of Kerala I.L.R. 2009 Ker 730.

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13. Under Section 6 of the Indian Evidence Act, 1872, statements that are part of the "res
gestae" are admissible as they are deemed to be connected with the facts-in-issue. These
statements include spontaneous utterances, acts, or occurrences that are closely associated
with the main event. Sahil's immediate escape from the scene upon Reshma's discovery,
coupled with the subsequent arrival of witnesses who encountered him hurriedly leaving,
all form an integral part of the entire sequence of events. These actions, being spontaneous
and unpremeditated, fall within the ambit of "res gestae." Their immediacy and unaltered
nature render them highly credible and reliable as they are not influenced by any
premeditated intent, thus strengthening the evidentiary value of the testimonies and
establishing Sahil's connection to the alleged offence.

4.1.2. That the act of taking a bath by Reshma in a bathroom without a bolt is a “private act”
as stated under Section 354C of the IPC
14. Taking a bath in a bathroom by any person, whether a male or a female, is essentially a
“private act” as it takes place inside the four walls of the bathroom. Merely because there
is no bolt in the bathroom that was situated inside the warden’s room, does not make the
bathroom a public place, rather it will always be a “private place” and the act of taking a
bath by the victim, Reshma, is a “private act”.
15. In Sonu @ Billa v. State (2023),33 the Delhi High Court held that “Merely because a
structure which is being used as bathroom by a woman does not have a door but only a
curtain and temporary walls and it is situated outside her house does not make it a public
place”. The Court further added that “Taking bath in a bathroom by any person, whether a
male or a female, is essentially a ‘private act’ as it is taking place inside the four walls of
the bathroom”.
16. The Counsel wants to refer to the concept of “reasonable expectation” of privacy that plays
a central role in adjudicating a case under Section 354C of IPC. The word “reasonable
expectation” has not been defined; however, it will have to be assessed in the facts and
circumstances of each case depending on the place and manner in which the offence was
committed. It cannot be denied that a woman taking a bath inside a closed bathroom will
reasonably expect that her privacy was not invaded and she was not being seen or watched
by anyone as Reshma, the victim of the present case, is behind three closed walls and a
door, irrespective of the fact whether the door has bolt or not. The act of a perpetrator

33
Sonu @ Billa v. State through SHO, PS Paschim Vihar East, CRL.A. 22/2023 (Delhi High Court, 09/01/2023).

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peeping inside the said bathroom will certainly be regarded as an invasion of Reshma’s
privacy.
17. It is also a fact that Reshma has “reasonable expectation” that photographs or videos of her
were not taken while she was taking a bath in the bathroom. If photos or videos are taken,
it will amount to invading her privacy. No person has a right to take photographs, videos,
etc of a woman who is engaging in a private act as envisaged under Section 354C of IPC
and the Explanation thereto.
18. In the light of the aforementioned arguments, it is humbly submitted to the Hon’ble Moot
High Court that there is no infirmity as far as the Trial Court’s conviction under Section
354C of IPC against Sahil whose acts were established by various evidence, viz., the
statements of all the witnesses, namely, Sameer, Sara, Kushboo and Joseph, are consistent
with each other. Therefore, the acts of the appellant in the present case were not merely
trivial and ill-mannered behaviour but also amounted to a breach of privacy of the victim
and would attract criminal liability as envisaged under Section 354C of IPC.
19. Hence, based on established legal precedents it is unequivocally established that recording
or watching an individual during their private act constitutes a severe offence of voyeurism
under 354C of IPC. Sahil's reprehensible conduct, as witnessed by Reshma while she was
in a vulnerable state taking a shower, unequivocally aligns with the definitions provided
under relevant laws and cases. His voyeuristic act of watching Reshma in her private
moments and, more egregiously, capturing her image without consent blatantly violates her
right to privacy. Sahil's actions fall squarely within the realm of Section 67B of the IT Act,
which criminalizes the capturing, publishing, or transmitting of sexually explicit material
without the consent of the person involved.

4.2. THAT THE PROSECUTION PROVED SAHIL IS GUILTY UNDER SECTION 67B OF THE

INFORMATION TECHNOLOGY ACT, 2000 BEYOND ALL REASONABLE DOUBTS

20. The third charge on Sahil is that of Section 67B of the IT Act. The said section is reproduced
hereinunder:
Punishment for publishing or transmitting of material depicting children in sexually
explicit act, etc., in electronic form.- Whoever-
(a) publishes or transmits or causes to be published or transmitted material in any
electronic form which depicts children engaged in sexually explicit act or conduct; or

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(b) creates text or digital images, collects, seeks, browses, downloads, advertises,
promotes, exchanges or distributes material in any electronic form depicting children
in obscene or indecent or sexually explicit manner; or
(c) cultivates, entices or induces children to online relationship with one or more
children for and on sexually explicit act or in a manner that may offend a reasonable
adult on the computer resource; or
(d) facilitates abusing children online, or
(e) records in any electronic form own abuse or that of others pertaining to sexually
explicit act with children, shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine which may
extend to ten lakh rupees and in the event of second or subsequent conviction with
imprisonment of either description for a term which may extend to seven years and also
with fine which may extend to ten lakh rupees:
Provided that provisions of section 67, section 67A and this section does not extend to
any book, pamphlet, paper, writing, drawing, painting representation or figure in
electronic form-
(i) the publication of which is proved to be justified as being for the public good
on the ground that such book, pamphlet, paper, writing drawing, painting
representation or figure is in the interest of science, literature, art or learning
or other objects of general concern; or
(ii) which is kept or used for bona fide heritage or religious purposes.

21. Section 67B of the IT Act, 2000 explicitly addresses the transmission or publication of
sexually explicit material without consent, particularly focusing on the violation of an
individual's privacy rights. It criminalizes the capturing, publication, or transmission of the
image of a private area of any person without their consent, under circumstances violating
their privacy.

1.2.1. That there is no consent by Reshma to capture her private act with phone
22. Sahil, without obtaining any form of consent from Reshma, deliberately captured her while
she was in a vulnerable state, i.e., taking a shower. This action was conducted without her
knowledge or authorization, directly violating her privacy rights. The section specifies the
capture of any image of a private area without consent, and Sahil's act aligns precisely with
this criterion, which was proved by the prosecution beyond all reasonable doubt in the Trial
Court.

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1.2.2. That Sahil transmitted the private content

23. After capturing Reshma's private act when she was taking a shower, Sahil further
aggravated the said offence by sharing this explicit content without her permission to his
friends. By the given facts, it was evident that the nude photos which went viral on the
internet were captured and transmitted by Sahil. By recording and subsequently
transmitting those nude photos of Reshma, an act explicitly prohibited under Section 67B
of the IT Act, he blatantly disregarded Reshma's right to privacy and, thus, committed an
offence provided under Section 67B of the IT Act.

1.2.3. That acts of Sahil amount to a violation of the privacy rights of Reshma
24. The overarching objective of Section 67B of the IT Act is to safeguard the privacy of an
individual, especially children, from unwarranted intrusions. Sahil's conduct directly
contravenes this principle, as he surreptitiously recorded Reshma's private moment and
then shared it without her consent, thereby infringing upon her fundamental right to privacy
as provided under Article 21 of the Constitution of India. In K.S. Puttaswamy & Anr. v.
Union of India,34 the Supreme Court held that the Right to Privacy is a fundamental right
and is a facet of the “Right to life” under Article 2135 of the Constitution of India.

1.2.4. That Sahil has intention and knowledge of the nature of the act he is doing
25. Section 67B of the IT Act requires an intention and knowledge of the wrongful nature of
the act which the accused, Sahil, is doing. The Counsel claims that Sahil, being fully aware
of Reshma's private nature at the time of recording, wilfully committed this act. This claim
was supported by his actions, i.e., capturing and transmitting the nude photos of the victim,
which clearly demonstrate the existence of intention and knowledge to violate her privacy.
26. In the light of the above arguments, Sahil's actions unequivocally fall within the purview
of Section 67B of the IT Act, as he not only captured Reshma's private act without her
consent but also proceeded to transmit this sensitive content, infringing upon her right to
privacy. His actions stand in direct violation of the provisions outlined in this section,
necessitating legal ramifications for the breach of Reshma's privacy rights and the unlawful
dissemination of her private images. These allegations of prosecution are supported by the
evidence i.e., the report of SHO stating that Sahil, after circulating the pictures to his
friends, had deleted them.

34
K.S. Puttaswamy & Anr. v. Union of India (2017) 10 SCC 1.
35
Art. 21, The Constitution of India.

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4.3. THAT THE PROSECUTION PROVED SAHIL IS GUILTY UNDER SECTION 12 OF POCSO BEYOND
ALL REASONABLE DOUBT

27. The next charge on Sahil is sexual harassment under Section 12 of the POCSO Act. Section
12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 provides the
punishment for transmitting, capturing, or storing images of private areas of a child. It aims
to protect children from sexual offences and the violation of their privacy. The said section
is reproduced hereinbelow:
Punishment for sexual harassment.—Whoever, commits sexual harassment upon a
child shall be punished with imprisonment of either description for a term which may
extend to three years and shall also be liable to fine.
28. The term “sexual harassment” has been defined under Section 1136 of the POCSO Act. The
same is reproduced hereinbelow:
Sexual harassment.—A person is said to commit sexual harassment upon a child when
such person with sexual intent,—

(i) utters any word or makes any sound, or makes any gesture or exhibits any object or
part of body with the intention that such word or sound shall be heard, or such gesture
or object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person
or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or
through electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through
electronic, film or digital or any other mode, of any part of the body of the child or the
involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
29. The above section covers six situations which constitute an offence of sexual harassment.
The section explicitly addresses the punishment for transmitting, capturing, or storing
images of a child's private body parts. For the purpose of the present case, Clauses (iv) and
(v) of Section 11 are relevant to consider.

4.3.1. That Sahil’s acts come under Clauses (iv) and (v)

36
S. 11, The Protection of Children from Sexual Offences Act, 2012.

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30. The Counsel argues that Sahil’s acts fall under Clause (iv) due to his repeated acts of staring
at girls in their hostel with his friends by sitting near the compound wall of that girls’ hostel,
because of which female students complained about the inappropriate behaviour of Sahil.
31. It is submitted before the Hon’ble Court that the act of watching or staring at the accused
with sexual intent is an offence of sexual harassment. The Bombay High Court, in the case
of Manju Tejbal Vishwakarma & Anr. v. The Union Territory of Daman & Diu (2017),37
held that “Watching a female child with sexual intent comes under the mischief covered by
section 11 of the POCSO Act.”
32. The Counsel further argues that Sahil’s acts fall under Clause (v) because Sahil has an ill
intention to harass Reshma by circulating her nude photos captured by him and making
them viral. Thus, the transmission or circulation of nude photos of Reshma without her
consent as done by Sahil would constitute an offence of sexual harassment and, hence,
punishable under Section 12 of the POCSO Act.
33. Sahil's actions squarely align with the parameters outlined in Clauses (iv) and (v) of Section
11 of the POCSO Act. His deliberate act of taking nude pictures of the victim, Reshma,
wasn't merely isolated but a calculated and intentional effort to perpetually monitor and
harass the victim which was evident when Sahil circulated those photos to his friends and
made them viral. This behaviour unmistakably breaches the provisions outlined in the Act,
emphasizing the gravity and deliberate nature of Sahil's actions as a means of continual
harassment.

4.3.3. That Sahil have sexual intent while committing such acts
34. Sahil's awareness of Reshma's age, coupled with his wilful act of capturing and sharing the
footage, demonstrates a clear understanding of the wrongful nature of his actions. This
aspect aligns with the intent and knowledge requirement under Section 12 of the POCSO
Act.
35. In light of the above arguments, Sahil's liability under Section 12 of the POCSO Act arises
as Reshma is indeed a minor, and Sahil captured or transmitted her private images without
her consent. The law intends to protect minors from such violations and holds individuals
accountable for any acts that intrude upon a child's privacy rights.

37
Manju Tejbal Vishwakarma & Anr. v. The Union Territory of Daman & Diu (2017) SCC OnLine Bom 8895.

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4.4. THAT THE PROSECUTION PROVED SAHIL IS GUILTY UNDER SECTION 305 OF THE IPC
BEYOND ALL REASONABLE DOUBTS

1. The next charge of the accused is of the Section 305 of IPC. Section 305 of IPC is
reproduced hereinbelow:
Abetment of suicide of child or insane person.—If any person under eighteen years of
age, any insane person, any delirious person, any idiot, or any person in a state of
intoxication, commits suicide, whoever abets the commission of such suicide, shall be
punished with death or [imprisonment for life], or imprisonment for a term not
exceeding ten years, and shall also be liable to fine.
2. To better understand the above provision, we should also look into the provision of
abetment which is defined under Section 10738 of the Indian Penal Code and that is
reproduced hereinbelow:
Abetment of a thing.—A person abets the doing of a thing, who —
First.—Instigates any person to do that thing; or
Secondly.—Engages with one or more other person or persons in any conspiracy for
the doing of that thing, if an act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment
of a material fact which he is bound to disclose, voluntarily causes or procures, or
attempts to cause or procure, a thing to be done, is said to instigate the doing of that
thing.
3. That from the conjoint reading of the above two sections, it is evident that abetment under
Section 107 is sine qua non before prosecuting a person under Section 305 and in the
absence of the necessary ingredients of abetment as provided under Section 107 IPC, the
accused cannot be charged under Section 305 IPC. The prosecution and the investigation
agency are therefore, under obligation to investigate and establish that Sahil under Section
305 IPC is responsible for the commissioning of suicide by abating the person to do so.
Either of the following three manners the accused should adopt in order to establish the
charge of Section 305 of the IPC.
1. Instigation to commit suicide.

38
S. 107, The Indian Penal Code, 1860.

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2. Conspiracy leading to a person committing suicide

3. Intentionally aiding by an act or omission to commit suicide.

4.4.1. That the victim, Reshma, is a child

4. It is humbly submitted to the Hon’ble Moot High Court that Reshma, the victim in the
present case, is a “child”, i.e., under the age of 18 years, as provided under Section 2(d)39
by relying on Section 3440 of the POCSO Act, which reads as under:
Procedure in case of commission of offence by child and determination of age by
Special Court: - (1) Where any offence under this Act is committed by a child, such
child shall be dealt with under the provisions of [the Juvenile Justice (Care and
Protection of Children) Act, 2015 (2 of 2016)].
(2) If any question arises in any proceeding before the Special Court whether a person
is a child or not, such question shall be determined by the Special Court after satisfying
itself about the age of such person and it shall record in writing its reasons for such
determination.
(3) No order made by the Special Court shall be deemed to be invalid merely by any
subsequent proof that the age of a person as determined by it under sub-section (2) was
not the correct age of that person.
5. Section 34(2) says that the Special Court, i.e., the Trial Court in the present case, must
determine the age of the victim if a question as to the age of the victim raised. Accordingly,
the Trial Court, in the present case, confirmed the age of the victim, Reshma, stating that
she is a “child” and, thus, the Trial Court took cognizance of the charges under the POCSO
Act made by the police in their report.
6. Therefore, the Counsel submits to the Hon’ble Moot High Court that Reshma is a child
because the Trial Court took the cognizance of POCSO charges before trying the accused,
Sahil.
4.4.2. That the acts of the accused, Sahil, constitute abetment to suicide by Reshma
7. The Counsel argues that the acts of Sahil, namely, taking nude photos of Reshma and
circulating them to his friends, amount to abetment leading to Reshma's tragic end. His
intrusive behaviour, capturing her private moments, and subsequently sharing the explicit
content constitute a form of mental harassment and violation of Reshma's privacy, which
potentially induced Reshma to take such a drastic step i.e., committing suicide.

39
S. 2(d), The Protection of Children from Sexual Offences Act, 2012.
40
S. 34, The Protection of Children from Sexual Offences Act, 2012.

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8. The Counsel requests the Hon’ble Moot High Court to look into the facts and circumstances
of the case and examine evidence produced by the prosecution as mandated by the Supreme
Court in the following cases.
8.1. In the case Amalendu Pal v. State of West Bengal (2010),41 after reference to several
past decisions, the SC held as follows:
“Thus, this Court has consistently taken the view that before holding an accused
guilty of an offence under Section 306 IPC, the court must scrupulously examine the
facts and circumstances of the case and also assess the evidence adduced before it in
order to find out whether the cruelty and harassment meted out to the victim had left
the victim with no other alternative but to put an end to her life. It is also to be borne
in mind that in cases of alleged abetment of suicide there must be proof of direct or
indirect acts of incitement to the commission of suicide”.
8.2. In the case of Ude Singh v. State of Haryana (2019),42 it is held that:
“Such being the matter of delicate analysis of human behaviour, each case is
required to be examined on its own facts, while taking note of all the surrounding
factors having bearing on the actions and psyche of the accused and the deceased.”
9. The Counsel would like to submit that the testimonies of the witnesses, particularly
testimony made by Sameer, along with statements made by Reshma in a suicide note, in
which she blamed the accused for her death, establish beyond doubt that the accused, Sahil,
due to his acts i.e., viral circulation of her nude photos made such a situation to the victim,
Reshma, where she faced a lot of insult, humiliation and harassment by Sahil and other
college mates on a continuous basis and these circumstances led to the girl ending her life
by committing suicide. Hence, according to the learned counsel, the appellants have rightly
been convicted for the offence under Section 305 of the IPC.
10. In the case of Praveen Pradhan v. State of Uttaranchal & Ors.,43 the Supreme Court held
that “No straight-jacket formula can be laid down to find out as to whether in a particular
case there has been instigation which force the person to commit suicide. In a particular
case, there may not be direct evidence in regard to instigation which may have direct nexus
to suicide. Therefore, in such a case, an inference has to be drawn from the circumstances
and it is to be determined whether circumstances had been such which in fact had created
the situation that a person felt totally frustrated and committed suicide.” We can very well

41
Amalendu Pal v. State of W.B. (2010) 1 SCC 707.
42
Ude Singh v. State of Haryana (2019) 17 SCC 301.
43
Praveen Pradhan v. State of Uttaranchal & Ors. (2012) 9 SCC 734.

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draw the nexus between the actions of Sahil and Reshma’s suicide. It was only due to the
acts committed by Sahil that created the situation where Reshma felt totally frustrated and
committed suicide.
11. It is submitted to the Hon’ble Court that the accused, Sahil, instigated the victim to commit
suicide by creating a situation for her where all her college mates taunted and humiliated
her because of her nude photos which went viral due to the acts of Sahil. The Supreme
Court, in the case of Ramesh Kumar v. State of Chhattisgarh (2001),44 observed that “the
word "instigate" literally means to goad, urge forward, provoke, incite or encourage to do
an act. A person is said to instigate another person when he actively suggests or stimulates
him to an act by any means or language, direct or indirect, whether it takes the form of
express solicitation or of hints, insinuation or encouragement. Instigation may be in
(express) words or maybe by (implied) conduct.” In the present case, Sahil performed many
positive acts with clear ill intention to harass her. Therefore, the acts of Sahil come under
“instigation”.
12. Because the victim’s nude photos went viral, which was done by Sahil, the victim
committed suicide. Hence, the accused has played an active role in tarnishing the self-
esteem and self-respect of the victim which drove the victim girl to commit suicide. This
accusation is proved by the prosecution in the Trial Court by placing reliance on the
testimonies of the father and other witnesses. All these witnesses have deposed that the
accused, Sahil, has an ill intention to threaten and tease the girl, Reshma, by using her nude
photos to not allow her to live in peace. From the evidence on record, it is evident that Sahil
has an intention to create such an atmosphere for Reshma and push her to kill herself.
13. It is submitted that the decision of the Supreme Court, in S. S. Chheena v. Vijay Kumar
Mahajan & Ors. (2010),45 where the Court reiterated the essentials of the offence under
Section 306 IPC, stating that “Abetment involves a mental process of instigating a person
or intentionally aiding a person in doing of a thing. The intention of the legislature and the
ratio of the cases decided by this Court is clear that in order to convict a person under
Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an
active act or direct act which led the deceased to commit suicide seeing no option and that
act must have been intended to push the deceased into such a position that he committed
suicide.”

44
Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618.
45
S. S. Chheena v. Vijay Kumar Mahajan and Ors. (2010) 12 SCC 190.

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14. The Counsel submits that Sahil have mens rea to instigate Reshma to commit suicide which
was proved by the prosecution beyond all reasonable doubt by relying on the external
manifestation i.e., positive actions like clicking photos, sharing them to his friends and
making them viral. In the case of Ude Singh v. The State Of Haryana, the Hon’ble
Supreme Court stated that “The question of mens rea on the part of the accused in such
cases would be examined with reference to the actual acts and deeds of the accused and if
the acts and deeds are only of such nature where the accused intended nothing more than
harassment or snap show of anger, a particular case may fall short of the offence of
abetment of suicide”.
15. Therefore, action of Sahil of circulating the nude pictures of Reshma instigated her to take
her own life. The evidence suggests that Sahil's actions created an environment of fear and
insecurity for Reshma, leading her to a state of mental distress. This perpetuated abuse of
privacy and harassment could reasonably be seen as an instigation or abetment that played
a role in Reshma's decision to end her life. Hence, Sahil's actions could be construed as
abetting the suicide of Reshma, falling within the purview of Section 305 of the IPC.

4.4.3. That the prosecution rightly relied on the suicide note of the victim to prove Sahil’s
guilt under Section 305 of the IPC
16. It is important to consider the evidentiary value of the suicide note of Reshma where she
held Sahil being responsible for her death. The suicide note that Reshma had written can
be considered a dying declaration of the victim.
17. The Supreme Court explained the meaning of dying declaration under the scope of Section
32(1)46 of IEA in the case of Ulka Ram v. State of Rajasthan.47 The court observed, “when
a declaration is made by way of a man or woman as to the purpose of his demise or as to
any situations of transaction which resulted into his death, in the case in which purpose of
his death comes in question is admissible in evidence, such statement in law is
compendiously known as dying declaration.” In the case of P.V. Radhakrishna v. State of
Karnataka, the Supreme Court highlighted and reiterated that information provided by a
person, who died just after providing it, related to the cause of his or her death, is admissible
as evidence under Section 32(1) of IEA.
18. A statement cannot be considered part of the preview of a dying declaration unless certain
conditions are satisfied. When he or she is conscious and aware that death is near, the
decision must be made. Only if they truly believe that something is or could be the reason

46
Se. 32(1), The Indian Evidence Act, 1872.
47
Ulka Ram v. State of Rajasthan AIR 2001 SC 1814.

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behind their demise, then. It would be reasonable to consider this statement to be admissible
as proof in court. The rationale behind the law's view that the same is reliable and
respectable as a piece of evidence is based on the presumption that a dying person would
never tell a lie. This belief is guided by the principle "nemo mariturus presumuntur mentri",
which states that a man won't lie when he's meeting with his maker.
19. The counsel would humbly like to submit that the Supreme Court in the case of Sharad
Birdhichand Sarda v. State of Maharashtra includes a suicide note within the ambit of
Section 32(1) of the IEA. The court summarized the principles of Section 32(1) of the
Evidence Act, including those relating to "circumstances of the transaction", as under:
“(4) It may be important to note that Section 32 does not speak of homicide alone but
includes suicide also, hence all the circumstances which may be relevant to prove a
case of homicide would be equally relevant to prove a case of suicide.
(5) Where the main evidence consists of statements and letters written by the deceased
which are directly connected with or related to her death and which reveal a tell-tale
story, the said statement would clearly fall within the four corners of Section 32 and,
therefore, admissible. The distance of time alone in such cases would not make the
statement irrelevant.”

The Supreme Court in the same case also observed-

“Section 32 is an exception to the rule of hearsay and makes admissible the statement
of a person who dies. Whether the death is a homicide or a suicide, provided the
statement relates to the cause of death or relates to circumstances leading to the death.
In this respect, Indian Evidence Act, given the peculiar conditions of our society and
the diverse nature and character of our people, has thought it necessary to widen the
sphere of s.32 to avoid injustice.”
20. It is humbly submitted that the contents of the suicide note are trustworthy because it is
consistent with the facts given and narration made by her to the witness immediately after
the incident. The Counsel further submits that the credibility of the dying declaration of
Reshma i.e., suicide note increased when the prosecution corroborated it with testimonies
of witnesses, especially the narration of Reshma where she disclosed the act of clicking
photos by Sahil. The Supreme Court, in the case of Mallella Shyamsunder v. State of
Andhra Pradesh (2015),48 commented on a dying declaration which was corroborated by
the narration of the victim to the witnesses, stating that “dying declarations are confidence

48
Mallella Shyamsunder v. State of Andhra Pradesh (2015) 2 SCC 486.

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bearing, truthful, consistent and credible. There was no room or chance for tutoring or
prompting. Nor is there a case that it is the product of her imagination. Though no
corroboration is necessary, yet, there is evidence of PWs-1 to 3 to whom also, the deceased
is said to have narrated the incident. There is no serious attempt in defence to shake the
credibility and reliability of the dying declarations.”
21. It is humbly submitted that the prosecution proved the guilt of Sahil under Section 305 of
the IPC by placing reliance on the suicide note of Reshma which has much credibility and
bearing and the Trial Court rightly convicted Sahil under the said section on the sole basis
of dying declaration of Reshma. The Counsel would like to say that there is no requirement
for further corroboration because the correctness of the suicide note is already established
by the prosecution in the Trial Court beyond all reasonable doubt. The Supreme Court, in
the case of Khushal Rao v. State of Bombay,49 held that “in order to pass the test of
reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in
view the fact that the statement has been made in the absence of the accused who had
no opportunity of testing the veracity of the statement by cross-examination. But once
the court has come to the conclusion that the dying declaration was the truthful version
as to the circumstances of the, death and the assailants of the victim, there is no question
of further corroboration.”
22. The Counsel requests the Hon’ble Moot High Court to refer to the SC observations on the
vulnerable condition of a girl even in a civilised society in Pawan Kumar v. State of
Himachal Pradesh (2017)50 which was produced below:
“We are at pains to state that in a civilised society eve teasing is causing harassment
to women in educational institutions, public places, parks, railway stations and other
public places which only go to show that requisite sense of respect for women has not
been socially cultivated. A woman has her own space as a man has. She enjoys as much
equality under Article 14 of the Constitutions as a man does. The right to live with
dignity as guaranteed under Article 21 of the Constitution cannot be violated by
indulging in obnoxious act of eve teasing. It affects the fundamental concept of gender
sensitivity and justice and the rights of a woman under Article 14 of the Constitution.
That apart creates an incurable dent in the right of a woman which she has under
Article 15 of the Constitution. One is compelled to think and constrained to deliberate

49
Khushal Rao v. State of Bombay AIR 1958 SC 22.
50
Pawan Kumar v. State of Himachal Pradesh (2017) 7 SCC 780.

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why the women in this country cannot be allowed to live in peace and lead a life that is
empowered with dignity and freedom…….”
23. It is essential to note that the deceased in no way was hypersensitive to the whole incident.
The circulation of nude pictures over the internet is a very horrific thing for any woman.
Especially, when we take into account the patriarchal system of our society such incidents
make the lives of women all the more difficult. It is also important to take into account that
Reshma was a minor, she was still in the formative years of her womanhood. Reshma also
had a very tough life as she was raised by a single parent, her father, Sameer who too within
limited means. When Reshma got admission and scholarship in the collage, she come with
hope in her heart to start a new chapter of her life. When her nude images went viral Reshma
had to face humiliation that affected her self-esteem and self-respect. In those
circumstances, the only solution she could think of was to end her life and stop all the
torment she was going through. Relying on the above judgements, the counsel would
humbly like to submit that Sahil was indefinitely responsible for the suicide of Reshma as
he put her in such a compelling situation where Reshma felt she had no other choice than
committing suicide and this contention was rightly supported by suicide note and other
testimonies of the witnesses by the prosecution. The evidence suggests that Sahil's actions
created an environment of fear and insecurity for Reshma, leading her to a state of mental
distress. This perpetuated abuse of privacy and harassment could reasonably be seen as an
indirect instigation or abetment that played a role in Reshma's decision to end her life.
Hence, Sahil's actions could be construed as abetting the suicide of Reshma, falling within
the purview of Section 305 of the IPC.

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PRAYER

In the light of the issues raised, arguments advanced and authorities cited, the
respondent, is humbly pleads this Honourable Court:

1. To reverse the acquittal of Komal and the principal of the college by the Trial Court
and convict them under Sections 305, 354C of the IPC, Section 12 of the POCSO
and Section 67B of the IT Act.
2. To dismiss the appeal filed by Sahil against the conviction made by the Trial Court
under Sections 305, 354C of the IPC, Section 12 of the POCSO and Section 67B of
the IT Act and, hence, upheld the sentence of eight years and fine of Rs. 10,000.

And pass any order as the Honourable Court deems fit and proper in the interests of
equity, justice and good conscience. For this act of kindness, the Respondent shall duty bound
forever.

ALL OF WHICH IS RESPECTFULLY SUBMITTED

COUNSEL FOR THE RESPONDENTS

39