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ISSUE 4: WHETHER THE THREE ACCUSED ARE GUILTY UNDER SECTION 120B OF INDIAN PENAL CODE, 1860..................................................................................... 12
[4.1] No Agreement or Understanding between the Accused.......................................... 12
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..17
LIST OF ABBREVIATIONS
Anr. Another
Art. Article
Bom. Bombay
Cal. Calcutta
Co. Company
Coch. Cochin
Corpn. Corporation
Del. Delhi
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Ed. Edition
Id. Ibid
Kart. Karnataka
Ker. Kerala
Ltd. Limited
Nag Nagpur
Ors. Others
p. Page
Para. Paragraph
Pat. Patna
iv | Page
Raj. Rajasthan
Rang. Rangoon
Sec. Section
Supp. Supplementary
v. Versus
Vol. Volume
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TABLE OF AUTHORITIES
29. Nitin Jairam Gadkari vs State Of Maharashtra, 2004 (4) MhLj 419
30. Pandurang Tukia v. State of Hyderbad, AIR 1955 SC 216.
31. Prabhu and Ors. v. State, Cr. App No. 454 of 2007
32. Ram Tahal v. State of Uttar Pradesh, AIR1972 SC 254
33. Ramachander v. State of Rajasthan, 1970 Cr.L.J. 653
34. Ramakant Rai v. Madan Rai, Cr LJ 2004 SC 36
35. Rangaswamy v. State of Tamil Nadu, AIR 1989 SC 1137
36. Sahadevan & Anr. Vs. State of Tamil Nadu, (2012) 6 SCC 403
37. Shankarlal Kacharabai and Others v. State of Gujarat, AIR 1965 SC 1260
38. Shankarlal Kacharabai and Others v. State of Gujarat, AIR 1965 SC 1260.
39. Shiv Prasad Chunni Lal Jain v. State of Maharashtra, AIR 1965 SC 264.
40. Soni v. State of Gujarat, AIR 1991 SC 917
41. Sonti Rambabu @ Ramu vs State Of A.P, Cr. App No. 1384 of 1998
42. State of AP v. Kowthalam Narasimhula, 2001, Cr LJ 722 (SC)
43. State of Himachal Pradesh v. Kant Shekhari, AIR 2004 SC 4404
44. State of Punjab v. Bhajan Singh AIR 1975 SC 258
45. State of Punjab v. Rakesh Kumar, (1998) Cr LJ 3604 (SC)
46. State of U.P. v. Gambhir Singh AIR 2005 SC 2439
47. Sunny Kapoor v. State, 2006 (10) SCC 182.
48. Suresh v. State, 2001 (3) SCC 673.
49. Tahsildar Singh And Another vs The State Of Uttar Pradesh, AIR 1959 SC 1012
50. Tarseem Kumar v. Delhi, (1995) Cr LJ 470 (SC)
51. Tondil v. State of Uttar Pradesh, 1975 Cr.L.J. 950 at pp. 951, 952 (All.)
52. V.C. Shukla v. State (Delhi Administration), (1980) 2 SCC 665
53. Wakkar & Anr vs State Of U.P, (2011) 3 SCC 306
54. William Stanley v. State of Madhya Pradesh, 1956 AIR 116
[B] LEGISLATIONS
1. Constitution Of India
2. Code of Criminal Procedure, 1973
3. Indian Penal Code, 1860
4. Indian Evidence Act , 1872
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[D] BOOKS
1. Jain, MahabirPrashad, Samaraditya Pal, and Ruma Pal, Indian Constitutional Law:
Lexis Nexis Butterworths Wadhwa Nagpur, 2010.
2. Gaur, K.D., Commentary On The Indian Penal Code. New Delhi: Universal Law Pub.
Co., 2013
3. Stephens, Commentaries on the Laws of England ,21st Edition, volume IV
4. Lord Hailshameds, Halsburys Laws of England, Page 44., (4thed. 1987)
5. Nelson R. A., Indian Penal Code, p.2905, (10th Ed. 2008)
6. Justice Khastgir, Criminal Major Acts, 10th Edition, 2014, Page 301-302
7. R A Nelson, Indian Penal Code, (9th ed., 2003), volume I
8. Ratanlal Ranchhoddas., et al. Ratanlal And Dhirajlal's , The Indian Penal Code.
Nagpur: Wadhwa and Co. Law Publishers, 1992.
9. S. C. Sarkar, Law of Evidence, Volume II, 18th Edition, 2013, Page 2764-75
viii | Page
STATEMENT OF JURISDICTION
The Honble Court has jurisdiction to try the instant matter under Section 177
read with Section 209 of the Code of Criminal Procedure, 1973.
Section 177:
177. Ordinary place of inquiry and trialEvery offence shall ordinarily be inquired into and tried by a court within whose
local jurisdiction it was committed.
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SUMMARY OF FACTS
1. Trisha Das was the daughter of Rekha Das who was an Indian HR consultant and
media executive
2. After splitting with Siddhart Das, Rekha left Trisha under the care of her parents
in Mumbai and moved to Delhi
3. Later, Rekha settled with Jacob Mukherjee and Trisha came to Delhi to live with
them.
4. In June, 2011, Trisha, assistant manager in Delhi Metro One cohabited with
Shobhit Mukherjee from 2009 to 2012 which was the result of their mutual
romantic relationship
5. In 2011, Trisha got pregnant with Shobhits child and she was allegedly forced by
Rekha to abort the child
6. On 24th April 2012, Trisha took leave of absence and while on leave, she sent in
her written resignation and a break up SMS to Shobhit. Her mother claimed that
Trisha had gone to U.S for higher studies and hence no missing FIR was lodged
7. On 30th April 2012, Shobhit went through two failed attempts to file a missing
complaint in Lajpat Nagar and Cannaught Place police station and also confronted
Rekha about the passport used to send Trisha to U.S since he had the original one
8. On 23rd May, 2012, police found a decomposed body at Kausani forest and the
skeletal remains were sent to JJ Hospital. However, Trishas disappearance and
the identification of skeletal remains were unreported and unlinked for 40 months
9. Rekha was kept under surveillance but arrests were made after Shyam Sahu,
Rekhas driver was arrested on August 21, 2015, in a case related to illegal arms
10. As per the FIR lodged by Delhi Police, Sahu gave a statement to the Police that
the murder was planned by Rekha who had discussed the same with Suhas Kumar,
her ex-boyfriend
11. Rekha had allegedly done a recce of the dumping ground the evening before the
murder
12. On 24th April 2012, Suhas Kumar had flown to Delhi and checked into Hotel
Hilltop
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13. Rekha had earlier asked Trisha to her on 24th evening and consequently, rented an
Opel Corsa for abducting her. Later, on 24th at 6 pm, she picked up Suhas from the
hotel and went to Cannaught place to pick Trisha who was dropped there by
Shobhit at 7pm
14. Further, Sahu drove the car to the by-lanes of Dwarka where Kumar allegedly
strangled her and after the murder, her body was taken to Rekhas residence in
Lajpat Nagar where it was put in a bag and stuffed in the cars boot
15. The same night, the three accused drove to the village of Kotputli, Kausani forest
area. On the way, they propped the body between Rekha and Kumar to avoid
police detection
16. Further, on 25th April, at 4 am, the accused dragged the body out of the car in an
isolated spot in the forest, stuffed it in the bag, poured petrol over the bag (the
driver brought petrol from Shri Ram Petrol pump situated on the highway) and set
it ablaze
17. After the body was burnt, all the three accused returned to Delhi and Kumar later,
left Delhi.
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ISSUES INVOLVED
ISSUE I
ISSUE II
ISSUE III
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ISSUE IV
ISSUE V
WHETHER THE ACCUSED PERSONS ARE GUILTY OF CAUSING DISAPPEARNCE
OF OFFENCE OR GIVING FALSE INFORMATION TO SCREEN OFFENDER
PUNISHABLE UNDER SECTION 201 OF THE INDIAN PENAL CODE, 1860
ISSUE VI
ISSUE VII
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SUMMARY OF ARGUMENTS
It is humbly submitted that the confession given by the co-accused, adduced as evidence, is
not reliable as the confession given by the co-accused is weak evidence. However, even if the
confession is considered to be reliable, it loses its evidentiary value since it is not well
grounded and remains uncorroborated by circumstantial evidence. In addition to that, the
evidence given by the hostile witness is unreliable and weak and lastly, the chain of events
inferred from the evidences is incomplete. Hence, it is proven that the confession of the
accused no. 3 if highly reliable.
It is humbly submitted the accused persons did not act in furtherance of a common intention
since the evidence relied upon is uncorroborated and weak and there is no link, whatsoever,
between the evidences recovered or submitted in the court. Further, there was no prior
concert or prior meeting of minds. Hence, the three accused did not act in furtherance of a
common intention
It is humbly submitted before this Honourable Court that the three accused are guilty of
offences under Section 302 as well as Section 364, I.P.C. With regard to Sec 302, both, mens
rea and actus reus are absent from this case since both are primarily dependent upon the
uncorroborated confession of A-3. Further, motive, an important aspect of circumstantial
evidence, could not be established. Moreover, the incomplete chain of causation and faulty
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investigation by the police created a reasonable doubt over the actions of the accsued. In
addition to all the other causes, there was no evidence to prove the act of abduction to make
the accused guilty under Sec. 364. Hence, the crime of murder and abduction to murder
cannot stand against the three accused
ISSUE IV WHETHER THE THREE ACCUSED ARE LIABLE UNDER SECTION 120B OF INDIAN PENAL CODE, 1860
It is humbly submitted that the three accused are not guilty of Criminal Conspiracy since
there was no agreement or understanding the accused persons and the prosecution has not
been able to establish that three accused even met on the night. Hence, the offence under Sec.
120-B cannot stand against them.
It is humbly submitted that the three accused are guilty of causing disappearance of evidence
of offence or giving false information to screen the offender punishable under Section 201,
I.P.C since the offence itself hasnt be proven to have committed beyond reasonable doubt.
Moreover, no false evidence was given by the accused, in furtherance of a common intention
since she genuinely believed in the information. Hence, the crime under Section 201 cannot
stand.
ISSUE VI WHETHER A-1 IS GUILTY OF CAUSING MISCARRIAGE UNDER
SECTION 313 OF THE INDIAN PENAL CODE, 1860
It is humbly submitted that A-1 is guilty of causing miscarriage without the victims consent
and is punishable under Section 313, I.P.C since the prosecution has offered no material and
corroborative evidence whatsoever to prove that the victim aborted her child under A1s
pressure. Hence, the offence under Sec 313 cannot stand.
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ISSUE VII WHETHER THE THREE ACCUSED PERSONS ARE GUILTY BEYOND
REASONABLE DOUBT
It is humbly submitted that the three accused persons were not guilty beyond reasonable
doubt as the evidence that was relied upon, to prove the guilt, remains uncorroborated and
weak and the Prosecution failed to make the link between may have committed the crime
and must have committed the crime, thus raising suspicion on the commission of the crime
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ARGUMENTS ADVANCED
1.WHETHER CONFESSION OF ACCUSED NO. 3, ADDUCED AS EVIDENCE, IS
RELIABLE
It is humbly contended before this Honourable Court that the confession given by
Accused No. 3, Shyam Sahu (hereinafter referred to as A-3) is not reliable as confession
by co-accused is a weak evidence [1.1]. However, even if the confession is considered to
be reliable, it loses its evidentiary value since it is not well grounded and remains
uncorroborated by circumstantial evidence [1.2]. Further, the evidence given by the
hostile witness is unreliable and weak. [1.3] and secondly, the chain of causation is
incomplete.[3.5]
1.1. Confession by co-accused is weak evidence
It is humbly contended that the prosecution has majorly relied his case upon the extra
judicial confession of A-3. The Apex Court has held that confessions of a co- accused
cannot be used against the accused unless the Court is morally satisfied on other evidence
that the accused is guilty.1 The Honble Supreme Court held that in the absence of any
substantive evidence, no judgment of conviction can be recorded only on the basis of
confession of a co-accused, be it extra-judicial confession or a judicial confession and
least of all on the basis of retracted confession.2
In the present case, A-3s confession cannot be relied upon as the confession by a coaccused is considered as a very weak form of evidence which is on a very low footing3
Renders the story told by the accomplice true and reasonably safe to act upon.
ii.
Identifying the accused as one of those or among those who committed the
offence
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iii.
Showing direct or circumstantial evidence linking the accused with the crime5
In the present case, substantial parts of A-3s confession lack corroboration as there are
various parts of the statement which have not been corroborated by any material piece of
evidence. Starting with the car used for the alleged abduction, there has been no evidence to
prove that an Opel Corsa was actually rented for the same. Similarly, there has been no
evidence on record to prove that the prime accused was present at the scene of the alleged
crime. Even with regard to the inferred evidence available about the presence of the other two
accused at the crime location, the evidence is highly unreliable and do not complete the chain
of events purported by the prosecution. The above mentioned evidences have been dealt with
in the Issue No. 2.
Hence, it is humbly submitted that A-3s confession is highly unreliable and holds extremely
low evidentiary value to be made admissible in the Court.
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Ratanlal & Dhirajlal, The Indian Penal Code, 32nd Enlarged Edition, 2013, Page 188-190
Rangaswamy v. State of Tamil Nadu, AIR 1989 SC 1137; William Stanley v. State of Madhya Pradesh, 1956
AIR 116
9
3|Page
Shiv Prasad Chunni Lal Jain v. State of Maharashtra, AIR 1965 SC 264.
Ganesh Singh v. Ram Raja, (1869) 3 Beng LR (PC) 44, 45
12
Pandurang Tukia v. State of Hyderbad, AIR 1955 SC 216.
13
Shankarlal Kacharabai and Others v. State of Gujarat, AIR 1965 SC 1260; Ram Tahal v. State of Uttar
Pradesh, AIR1972 SC 254
14
Ramachander v. State of Rajasthan, 1970 Cr.L.J. 653
15
Mahaboob Shah v. King Emperor, AIR 1945 PC 118.
16
Mithu Singh v. State of Punjab,AIR 2001 SC 1929.
17
Sunny Kapoor v. State, 2006 (10) SCC 182.
11
4|Page
The accused had the intention at the time of kidnapping or abducting that the person
kidnapped/abducted will be murdered or so disposed of being murdered23
Further, in order to bring a successful conviction under this charge, however, it is pertinent to
refer to Sec 300, IPC which elucidates the essentials of murder. In order to bring a successful
conviction under Section 302, IPC, it is pertinent to refer to Sec 300, IPC which elucidates
the essentials of murder.
A person is guilty of murder if he intentionally causes the death of a person
18
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or causes such bodily injury as he knows, is likely to cause death of that person
or causes such bodily injury, which in the ordinary course of nature results into
death
or commits an act so dangerous that it must, in all probability cause death of that
person.24
In the present matter, the Prosecutions case is liable to be dismissed because of heavy
reliance on uncorroborated confession and also due to faulty investigation, all creating the
existence of a reasonable doubt.
It is contended that both, the mens rea and the actus reus are absent from this case since both
are primarily dependent upon the confession of A-3. Moreover, the witness statement of A-3
is inadmissible in evidence and cannot be relied upon [Issue No. 1, sub issue 1-1.1] In such a
situation, the accused should be given the benefit of doubt as the whole case being based on
circumstantial evidence [3.1]
established [3.2]. Further, there was no evidence to establish the intention to commit the
murder [3.3]. Moreover, the chain of causation with regard to Sec 364 as well as Sec 302 is
incomplete. [3.5]
Lastly, due to faulty investigation by the police [3.6] there exists a reasonable doubt over the
actions of the accused.[6.1]
With regard to Section 364, apart from the above contentions, there was no evidence to prove
the act of abduction [3.4]
Ratanlal, Dhirajlal, The Indian Penal Code, p. 502 (34th Ed. 2014)
AIR 1952 SC 343
6|Page
should in the first instance , be fully established and all the facts so established should be
consistent only with the hypothesis of the guilt of the accused. In other words there can be a
chain of evidence so far complete as not to leave any reasonable ground for a conclusion
consistent with the innocence of the accused and it must be such as to show that within all
human probability the act must have been done by the accused.
It is submitted that in the present case, all the evidences that came before the Court were
indirect in nature. The statement given by one of the accused before the Police is a
circumstantial evidence and not direct evidence in the strict sense. 26 Further, discovery of
Kumars mobile location at Kausani forest, recovery of passport from the custody of Shobhit
Mukherjee were indirect evidences that were relied upon by the Prosecution.
Thus, in a case in which the evidence is of a circumstantial nature, the facts and
circumstances from which the conclusion of guilt is said to be established beyond reasonable
doubt and the facts and circumstances so established, should not only be consistent with the
guilt of the accused but they must also be entirely incompatible with the innocence of the
accused and must exclude every reasonable hypothesis consistent with his innocence.27 It is
humbly submitted that the above mentioned principle has not been fulfilled.
Tahsildar Singh And Another vs The State Of Uttar Pradesh, AIR 1959 SC 1012
State of Himachal Pradesh v. Kant Shekhari, AIR 2004 SC 4404; Soni v. State of Gujarat, AIR 1991 SC 917;
Balvinder Singh v. State of Punjab, 1987 Cri LJ 33 (SC); Gambir v. State of Maharashtra, 1982 Cri LJ
1243(SC); Gian Singh v. State of Punjab, 1987 Cri LJ 1918
28
Wakkar & Anr vs State Of U.P, (2011) 3 SCC 306
29
1974 BLJR 642
27
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30
accused was held to be not proper as the motive was not known and the Prosecutions case
had discrepancies. In such a situation where there is no motive, conviction on the basis of
circumstantial is imprudent and unjustified.31
It is submitted that in the current case, the evidences produced are not sufficient to connect
the accused persons motive with the alleged offence. The argument of honour killing being
the primary motive behind the murder does not hold water. This argument is wrong and
bogus as the victim had been cohabitating with Shobhit Mukherjee since 2009. Furthermore,
the prosecution has also stated that the victims pregnancy was the immediate reason behind
the alleged crime is also baseless. This claim too does not hold water as the victim got
pregnant in 2011 and the alleged crime was committed in April 2012. If the prosecutions
story is to be believed then it would seem that Rekha was infuriated with the victims
pregnancy but waited for almost 5 months(assuming she got pregnant in December) to
commit this crime, which seems highly unlikely and far-fetched. Furthermore, as far as the
other two accused persons are concerned no claim of motive can be attributed to them.
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evidence to prove that the written resignation and the break up SMS was sent by any person
other than victim, thus, eliminating the possibility of the required intention to remove her
from the social circle. Moreover, the reliance on the fact that A-1 did a reccee of the dumping
ground is weak as it has been derived from an uncorroborated confession.
Hence, it is submitted that there is no material evidence to prove that the accused had the
intention to commit the offence of Murder
33
34
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reasonable likelihood of the innocence of the accused.35 Moreover, all the circumstances
should be complete and no gap should be left in the chain of evidence.36
When even a link breaks away, the chain of circumstances gets snapped and other
circumstances cannot in any manner establish the guilt of the accused beyond reasonable
doubts.37 Further, with specific regard to Section 364, where there is no evidence to show that
a person was abducted for being murdered and the statement given by the witness does not
inspire confidence, the conviction of the accused under Section 364, IPC, cannot be
sustained.38 Similarly when the prosecution could not establish the link of circumstances
leading to the crime, the accused were acquitted of Section 302 of the I.P.C.39 Failure of the
prosecution to prove even one of the elements mentioned gives the benefit of doubt to the
Accused.40
Further, it was clearly observed in the case of State of U.P. v. Gambhir Singh41 that since a
number of alternate inferences, consistent with the innocence of the accused, could be drawn,
the accused was not to be convicted, merely, on the basis of circumstantial evidence,
adduced.42 Similarly, in a case where the dead body was found in the room of the accused but
the vital links of circumstances were not established, the conviction was set aside.43
It is submitted that the present case rests on circumstantial evidence and the circumstances
that were established are not conclusive in nature and the chain is broken from many places.
There is no corroborating and solid proof of the rented Opel Corsa, location of the prime
accused, the alleged abortion, the victims phone location for 40 months after her death, etc
which are important material links in the chain of causation. These material facts should have
been investigated upon by the police as they form the base of the theory formed by the
prosecution.
35
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44
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V.C. Shukla v. State (Delhi Administration), (1980) 2 SCC 665.; Lord Hailshameds, Halsburys Laws of
England, Page 44., (4thed. 1987)
48
V.C. Shukla v. State (Delhi Administration), (1980) 2 SCC 665
49
Hira Lal Hari Lal Bhagwativ. C.B.I. 2003 SCC (Cri) 1121.
50
Section 10,Indian Evidence Act (Act 1 of 1872);Kehar Singh v. State (Delhi Administration), AIR 1988 SC
1883
51
Abdul Sayeed v. State of Madhya Pradesh, 2010(10) SCC 259
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Therefore, it is humbly submitted that Criminal Conspiracy on part of the accused cannot be
proved beyond reasonable doubt.
5. WHETHER THE ACCUSED PERSONS ARE GUILTY OF CAUSING
DISAPPEARNCE OF OFFENCE OR GIVING FALSE INFORMATION TO SCREEN
OFFENDER PUNISHABLE UNDER SECTION 201 OF THE INDIAN PENAL CODE,
1860
It is contended that all the three accused persons have not committed the offence under Sec.
201 of the Indian Penal Code, 1861.
It can be seen that the basic necessities of this Section are
1. an offence has been committed,
2. the accused must or has reason to believe that the offence has been committed,
3. the accused must either cause any evidence of the commission of that offence to
disappear, or give any information respecting the offence which he knows or believes
to be false, and
4. the accused must have acted with an intention to screen the offender from the legal
punishment.52
In the present case, the offence which has been alleged to have been committed by the relied
on the evidences provided by A-3s confession which is highly unreliable, uncorroborated
and weak as contended in the first issue. Hence, the first ingredient itself fails to establish the
Prosecutions case. This was supported by the Supreme Court in the case of Moti Lal v.
State53 where it was held that the extra judicial confession by the co-accused at most raises
doubt but in no manner provides sufficient evidence to convict the other accused.54
Further, it was held in the case of State Of Kerala vs Markose55that Section 201 of I.P.C
contemplates giving information respecting an offence which the accused person knows or
believes to be false. The Kerala High Court further held that a statement given by a person in
52
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the course of an investigation by the police cannot amount to an offense under this Section
even if it ultimately turns out to be false.56
In this current case, On PW6s insistence, the police visited A-1s Lajpat Nagar Residence to
obtain further information about Rekhas whereabouts.57 This act of the police fell within the
course of investigation since the Police can undertake an investigation if they genuinely
believe that a cognizable offence has been committed by the means of a credible
information.58 Later, in the same course of investigation, A-1 informed the information to the
police that the victim was in the U.S. for higher studies since she genuinely believed so.
Lastly, there must be on record cogent evidence to prove that the accused knew or had
information sufficient to lead him to believe that the offence had been committed and the
accused has caused the evidence to disappear, in order to screen the offender, known or
unknown.59
In this case, there is no cogent evidence on record to prove A-1 had the knowledge to believe
that the victim was dead and not in the U.S. and thus, did not have any intention to screen
herself or any other co-accused.
Therefore, it is humbly submitted that the three accused persons had not caused any
disappearance of evidences of the offence and were consequently not guilty under Section
201, I.P.C
6. WHETHER A-1 IS LIABLE OF CAUSING MISCARRIAGE UNDER SECTION
313 OF THE INDIAN PENAL CODE, 1860
It is humbly contended that A1 is not guilty of causing miscarriage without woman's consent
under Section 313 of the I.P.C as the prosecution has failed to prove any of the requisite
ingredients of the section beyond reasonable doubt. Section 313 states
Whoever commits the offence defined in the last preceding section without the consent of the
woman, whether the woman is quick with child or not, shall be punished with imprisonment
for life or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
The essential ingredients of an offence under this section are:
(i) That the accused caused miscarriage to a woman with child;
56
Id
Moot Problem, Page 1, para 7
58
Lalita Kumari vs Govt.Of U.P.& Ors, (2008) 7 SCC 164
59
Sukh Ram v. State of Maharashtra, (2007) 7 SCC 502
57
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Thus, it is humbly submitted before this Court that the charge under Section 364, I.P.C has
not been made out and the accused persons should be acquitted for the same.
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PRAYER
Wherefore, in light of the Issues Raised, Authorities Cited and Arguments Advanced, it is
most humbly and respectfully requested that the Honble High Court of State be pleased to:
1. Acquit Rekha Mukherjee of the offences under Section 364, 302, 120B , 34, 201 and
313 of the Indian Penal Code, 1860.
2. Acquit Suhas Kumar of the offences under Section 364, 302, 120B , 34 and 201 of
the Indian Penal Code, 1860
3. Acquit Rekha Mukherjee of the offences under Section 364, 302, 120B , 34 and 201
of the Indian Penal Code, 1860
AND/OR
Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.
All of which is most humbly and respectfully submitted.
Date:_________, 2016
COUNSEL ON BEHALF
OF THE DEFENCE
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