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UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)

IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

COMPROMIS

1. Eila, the 17 years old girl, is a resident of B- 276, Block 13, Sant Vihar, Jagdishpur District,
in the Union of Indiana. She is a student at GMC Public School, Block 15 (near SIMS
Hospital) Sant Vihar. The school is only at a distance of 1 km from her house. Eila's family
consists of her mother “Sheila”, father “Ram Singh”, a younger brother “Prem” and her
Grandmother “Shanta Devi”.
2. Shanta Devi is a religious woman and is a blind disciple of Guru "Sant Maharaj Ji". Sant
Maharaj Ji has a great influence over all the individuals of her family except the girl Eila, who
believes in Science and practicality taught to her in school and considers that blindly adhering
to Guru Ji for the sake of good fortune is superstitions. Eila has no faith in Guru Ji but due to
the devout faith of her grandmother she conforms to the instructions of Guru Ji and shows
herself also as a believer. Shanta Devi has a very strong belief in him and in order to respect
the sentiments of the grandmother, the entire family confides in him and follows everything
told to them by the religious Guru. Eila being inquisitive and abreast of her surroundings at
many instances had tried to question Guru Ji’s teachings and sayings with an attempt to show
her old gullible grandmother and other people that not everything that Guru Ji portrays is
always true. In addition, almost the whole locality of Sant Vihar has faith in Guruji.
3. Eila and her brother "Prem" use to walk to the school and use to cross a handful number of
lanes to which one such lane has a sabzi and rashan market with various vendors putting their
stalls outside the shops on either side of the road. Ricky is Eila's classmate and has a shop in
the Sabzi and Rashan market lane and used to live on the 2nd floor of the same building in
which his shop was located. Ricky has a teenage liking for Eila since the time he joined school
1.5 years back (in 11th).
4. He used to follow Eila every day while going and coming back from school, this also included
numerous occasions on which Eila noticed him following her. This used to go on for all six
working days of the week. On Sundays, Ricky, who is aged 18 years of age, used to see her
at Sant Maharaj ji’s Darbar as his family also followed Guru Ji and visited his Ashram on
Sunday. Ricky was of the view that no one was noticing his act of stalking but the clothing
shop owner, Kaant, whose shop was located just opposite Ricky's shop, noticed everything.
One fine evening, Kaant casually commented on Ricky, "Aajkal ladki apko bahot chala rahi
hai Chote Sethji. Patle lagne lage ho." Ricky was in shock to hear this and hushed him fearing
that someone might hear him. Kaant laughed at this and said, "arrey chote sethji koi nahi
sunega. Aur apko toh abhi ladki patta leni chahiye."
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

5. Ricky confessed to him that he has a soft corner for Eila but he is too shy to confess his
feelings to her. Taking advantage of the desperate teenager, Kaant told Ricky that he will help
him get the girl and after the forthcoming ‘Purnima day’, she’ll be his and only his forever.
Ricky was all excited and determined to follow all the instructions given by Kaant. From that
day onwards, Kaant and Ricky shared WhatsApp messages. In one of the conversations before
them, Ricky wrote the following to Kaant -
“Jaisa tune kaha tha waisa mene sab krliya. Mene uske bhai se dosti krli hai or uske sath hi
school se aata jaata hu, par Eila se koi baat nahi ho paati. Wo meri traf dekhti bhi nahi hai.
Kya tera formula kaam krega?”
a. See Annexure 3 “WhatsApp Chats b/w Kaant and Ricky”
6. All the advice that Kaant gave to Ricky were followed by him and eventually, things worked
out between Eila and Ricky to which they became close friends. They even started to go to
school together. In the recent conversation that Kaant and Ricky had, Ricky informed Kaant
that Eila has started exchanging letters as she doesn’t have a phone. Kaant asked Ricky to
show him the letters so that he can help him further and Ricky did as he had started trusting
Kaant blindly. In one such letter, Eila had told Ricky that she doesn’t know why people trust
Guruji and that one day she’ll try to lift the veil of faith from the eyes of people because
Guruji is a shame in the name of religion. While in another letter she told about the rashes
that had come on her back and she doesn’t want to tell her parents about it as they’ll force her
to get “Charnamrat” tonic from Sant Maharaj Ji and that, she doesn’t want to see his face.
a. See Annexure 4- “Letters written by Eila to Ricky”
7. Ricky, owing to his trust on Kaant, shared every bit of his personal relationship with Kaant
but little did he know that Kaant was sharing this personal information with Sant Maharaj Ji.
In one of the recent family visit to Guru Ji’s Darbar, on 23/08/2018 Shanta Devi asked Eila
to take blessings from Guruji for her pre-board examinations. When she bent to touch Guruji’
s feet, Guruji asked her to take care of rashes on her body and that she should take medication
from him in order to heal faster. Eila was shocked. She was surprised as to how Guruji got to
know about this and then for a moment, she thought maybe he saw it on the back of her neck.
But later what followed, left her devastated. Guruji while giving her Prashad told her, "I won't
blame you, it is your age that will make you attracted to boys. But, your family won’t approve
of such acts."
8. Before she could understand anything, Shanta Devi came in and asked Guruji to read Eila’s
Patri and to enlighten them about her boards and about her life after that, Guruji gave a wicked
smirk and told Shanta Devi that he always had his eyes on her.
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

This line made Eila angry and scared at the same time but her grandma became very happy
and exclaimed, “Aapki Kripa Drishti hi to chahiye, Maharaj Ji”.Eila wanted to interrupt and
convey things but she knew that Guruji could reveal about her love affair to her grandmother.
Then Guruji signaled his sevika “Seema” to get something, and within 2 minutes, Seema came
out with a few pages in her hand. Eila saw her letters and she got very scared. Taking those
pages in his hand Guru ji turned to Shanta Devi and said, “Savitri, your granddaughter is a
very bright child but I see sankat over her head and this is not good for her. It can hamper
her career or even health and life”.
9. Shanta Devi being extremely worried about Eila, asked Guru Ji for a solution and Guru ji told
her that there is a shudhi-pooja that has to take place and coincidently today is the best day
for that to happen. He told her that Eila can stay back and live in the Girls accommodation
inside the darbar with other Sevika and girls who have come for healing. Shanta Devi asked
Eila to stay back and her parents also agreed for the same. Eila who usually revolted in the
matters like these, agreed as she was scared enough. Her family was sent back to the main
hall for dinner and were told that this pooja happens once a week at night in which Guru ji
has a conversation with some eternal powers and no one can enter the premises, otherwise the
pooja would lose its true value.
10. Eila was taken by Seema for changing and to prepare her for shudhi-pooja. After dinner, she
was given Saffron clothes to wear and was taken to a dimly lighted room which was called
the healing room. It was pretty gloomy inside and she felt weird. After the food that she had
eaten, her head was feeling heavy and she was getting drowsy. Inside the room, she saw only
a bunch of people surrounding Guru ji, who was sitting in front of a carpet placed on the floor.
Eila was asked to lie down next to Guru ji but Eila was confused so she asked Guru ji that
was this supposed to be a pooja, to which one of the Sevak replied that before the pooja, it is
important to make her soul pure. When Eila turned to the Sevak, she saw that he was no one
else but Kaant who was standing in Saffron clothes. She didn’t feel right and wanted to go
back at the instant to which Guru Ji ordered his Sevak to hold her as it is because of the devil
in her who wants to flee away.
11. Eila was already weak and drowsy after the meal and was forcefully made to lie on the carpet.
She was given ‘holy water’ to drink which made her dizzy and unconscious. She couldn’t
understand much of what was happening around her except for a few things that she could
hear. She remembers baba asking few sevaks to leave the room as it was a holy and sacred
process and just after that she felt someone touching her legs and then she felt a lot of pain in
her abdomen area and chest area but her mind wasn’t reacting much to any of the things that
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

she felt. When she tried to lift her head, someone held it back and closed her eyes. And she
went unconscious after that. She woke up after an hour or so by Seema who brought her into
the room and told her that her family is waiting for her outside. She had a lot of pain and it
was difficult for her to walk. When she went out to her grandmother, she told her that Guru ji
has made the evil in her to go and now she has to just visit him a few times to have a bright
future ahead.
12. On reaching home, Eila found blood between her legs. Initially, she was scared to share it
with anyone but because of the pain and fear, but later she told about it to her mother, who
got very worried and took her to the nearest hospital (Sant Vihar Medical Hospital). After
examination, doctor Pradeep, a registered medical practitioner, informed Eila’s family that
she had been raped. This left the whole family devastated and everyone found it hard to
believe that Guru ji could commit such a heinous act. Meanwhile, the hospital informed the
police who reached there at the instant and enquired about the incident. The Police thereby
asked Dr. Pradeep Gupta to conduct a detailed medical examination with the consent of the
parents of Eila. FIR was lodged against Sant Maharaj Ji and Kaant. Since then, few of the
neighbors and followers of Guru ji also reached the hospital and started shouting in response
to listening to Eila’s Family allegations. They even threatened the family to take down the
FIR or it won’t be a right time for the family.
13. Eila’s family would have withdrawn the FIR under pressure, but her maternal uncle “Om
Prakash” who was a lawyer, got very furious after the incident and informed the media about
Guru Ji’s evil side. Guru ji, being a public figure, got a lot of media attention and such a
matter was a big, sensational news for media channels to broadcast. The news spread like fire
in one night only. When police went to arrest Guru ji, a number of his followers came on the
road and circled around his darbar and didn’t let the police enter the premises. They started
to throw stones at the police officials and screamed: “Guru ji ko hath lagaya to jala kar raakh
kar denge”.
14. After a struggle and lathi charge of about 3 hours, Guru ji went missing from his darbar. The
following morning someone circulated the letters that were exchanged between Ricky and
Eila on social media stating that Eila had sexual intercourse with her boyfriend and is trying
to blame it on Guru ji for fame and glory. One of the letters in which she has told Ricky about
how much she dislikes Guru Ji was highlighted. With the fear of riots to happen, State
Government instructed the matter be dealt with immediate and cautious effect as it would
disrupt the law and order situation in Jagdishpur.
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

15. Jagdishpur Police, after getting the medical test done and recording her statement under
Section 161 of the Code of Criminal Procedure 1973 of Indiana, registered the case in this
regard and began investigating the matter further. After the rape allegation, Guru ji was
himself admitted in the Jeevan life care hospital claiming that he has an extreme medical
emergency and he remained admitted in the hospital despite the hospital maintaining that he
is fit to be discharged. However, Jagdishpur police arrested him the following day and he was
taken into custody from the private hospital. Kaant was also arrested and taken into custody
by the Police for investigation. Charge sheet had been filed before the Additional Chief
Judicial Magistrate, Jagdishpur and Guru ji has been charged under Sections 506, 376(1) and
section 120B of the Indiana Penal Code, 1860. The Hon’ble ACJM Court has framed the
charges under the respective sections against Guruji and Kaant. The ACJM Court has sent
Guru Ji to judicial custody and he will be produced in the Court on Friday. The matter is set
for trial before the respective Court.
16. During Investigation, few more facts came to the knowledge of the Police. One of them being
that a similar allegation of sexual assault was made a year earlier by one of the Sannyasins,
Kamla, in the Darbar of Guruji for which no official record prevails since a formal complaint
was never made to the Police in this regard and since then Kamla was missing and never
found again. The other fact, which came to the knowledge, was that on the day this incident
is alleged to have happened and the evening on which the family of Eila visited Guruji’s
Darbar; Eila went to meet Ricky at his residence in the morning and returned after a few
hours. It was also known that all members of Ricky’s family except Ricky went to visit their
relatives that day.
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

ANNEXURE- 1
MEDICAL EXAMINATION REPORT
SANT VIHAR MEDICAL HOSPITAL
PM No. 1234 Date: 24/08/2018

Name of Victim: EILA


Sex: Female
Age: 17
Height: 5 feet 1 inches
Weight: 47 kg
Habits: N.A
Home Address: Block 13, Sant Vihar
Time of event: On 23/08/2018 about 25 hours before the Examination.
Identification Marks: mole on left thigh
By: P. Kumar
Clothes: Saffron salwar-kameez
i. General Physical Examination:
a) Emotional / mental status: - STABLE
b) BP: High; Pulse: Low; Respirations: Normal; Height: No change; Weight: No change;
c) Nutrition: N/A
d) Signs of intoxication by drugs & / or alcohol: No
e) Examination of clothes (if same as those worn at the time of assault). For evidence of
tears, loss of parts, stains, other foreign materials etc.
f) Stains / foreign materials on the body (including Pubic hairs & fingernails): BLOOD
STAINS
g) Gait of victim: N/A
h) Abdominal Examination with Spl. Ref. to pregnancy: N/A
ii. Injuries on Body (With Spl. Reference to Signs of struggle & including the age of
injuries. If there is a history of buccal/anal penetration & bite marks, appropriate
swabs should be taken as indicated).
a) Head Neck Face: BITES ON THE NECK
b) Breasts: BITES AND PINCHES
c) Upper limbs: N/A
d) Buttocks: SWOLLEN
e) Inner aspect of thighs: BITES
f) Other areas if any: N/A
iii. Local Examination of Genital / Perineal areas (For Documentation of Injuries)
(a) Labia Majora: N/A
(b) Labia Minora: N/A
(c) Clitoris: STIMULATED
(d) Fourchette & Interoitus / Vagina: FORCED INTERCOURSE
(e) Hymen Intact / Torn: TORN
The position of Tears: BOTH SIDES, 3 O’clock. Age of Tears: FRESH
(f) E/o Perineal Tear if any: N/A
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

(g) Urethra: N/A


(h) Physical Signs of S.T.D: RASHES
(i) Anus: REDDISH
(j) Any other findings: - N/A

iv. Specific examinations (wherever facilities exists and if indicated)


a) Toluidine blue dye test: N/A
b) Wet mount slide test: N/A
c) UV light exam. Of clothes and skin: N/A
d) Anoscopic / colposcopic exam: N/A

v. Provisional opinion regarding sexual assault:


After examining the victim, bearing above mentioned identification marks and after one
day of the incident, I/We am/are of the opinion that
1. Evidence of injuries to the genitals / anus with age of injuries.:- YES
2. Evidence of injuries related to non- penetrative assault.:- N/A
3. Evidence of injuries suggesting application of force / restrained with age of
injuries.:- YES
4. Results of wet mount slide examination for evidence of spermatozoa.:- YES
5. Evidence of Sexually Transmitted Infections.: YES
6. Evidence of drug / alcoholic intoxication.: YES
7. Any other important findings.:- FORCEFUL PENETRATION
Final opinion kept pending until the results of Forensic Science Laboratory examination and
follow up examination.
The Consent of the parents of the victim Eila has been taken in advance for her medical
examination. She was brought to the hospital by the Parents only.
Important note: It is mandatory to enter the brief observations (Serial no.1-7 above) relevant
to the title in the form of handwritten remarks, i.e. “present / absent” and the matter like the
age of injury and ultra-brief justification in support of your remarks.

Sd/-
Dr. Pradeep Kumar

Medical Officer
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

ANNEXURE- 2
REPORT OF INVESTIGATION OFFICER
In the Court of the Additional Chief Judicial Magistrate, Jagdishpur

1. District: Jagdishpur PS: Sant Vihar, Year: 2018, FIR No. 149/18 Date: 026.08.2018
2. Charge sheet No. 120/2018
3. Date: 02/09/2018
4. Acts/ Section(s): IPC, 1860: Sections 376(1), 506 and 120B.
5. Charge sheet against: (i) Satyavrat Kumar @ Guru Ji s/o Shri Jagatram Kumar
(ii) Kaant Kumar s/o Shri Rambharose Kumar.
6. Offence, as mentioned, did occur as per the contents of the FIR.
7. Original Charge sheet, supplementary to follow against the rest of the accused.
8. I.O.: Lallan Top.; Rank: Sub Inspector
9. Complainant: Mr. Ram Singh
10. Particulars of accused persons charge sheeted:
Sl. No. Name of the Accused Accused Status

1. Guru Ji In Judicial Custody

2. Kaant In Custody

11. FIR is not false.


12. Result of the Medical Examination: Rape caused due to forceful sexual intercourse.
13. Therefore, there is possible that both the accused be tried for the offences punishable
under sections 376(1), 506 and 120B of Indiana Penal Code.

Notice served and dispatched.

Sd/-

Shahid Top
Circle Inspector

Lallan Top
Sub Inspector
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

ANNEXURE- 3
WhatsApp conversation between Kaant and Ricky
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

ANNEXURE- 4

Letter I from Eila to Ricky


Hello Ricky,

Since I don’t have a phone so we’ll have to do it the retro style! I really had a great time at the
Mela yesterday and I’d like to thank you for the aesthetic bangles that you gifted me!! I’ll
always keep them with me. I am sorry I had to leave early for home yesterday, that’s because
we had to go to Sant Maharaji’s Darbar. My grandmother is his blind follower and we are
expected to do the same without a question. Though I have strong feeling that he is a sham and
the people here being illiterate and unaware fall in his traps.

Though these are just mere assumptions of my brain I really want to know the real reason
behind this and I want to lift the veil of faith from the eyes of people because Guru ji is a fake
person. I am really sorry I, however, did not intend to offend your feelings!

I really like you and spending time with you. Hope to spend more time with you! See you
tomorrow!

From~

Eila with love!


UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

Letter II from Eila to Ricky


Hello Ricky,

Today school was good fun! I like sitting next to you in class with all the teasing going on,
that’s crazy. Don’t listen to your friends that much they are just fooling around! With board’s
exams around the corner, it’s getting really, I’m scared what shall happen, plus there is so many
syllabus to cover. How much have you covered?

The summer has taken a toll on me and because of this humid weather I have such bad rashes
all over my back and I’m scared that they’ll increase and work as a hindrance in my
preparations for the Board examinations. I’m scared, and I don’t want to tell my parents about
it as they’ll force me to get “Charnamrat” tonic from Sant Maharaj ji. And you know how much
of faith I have in Guru ji!!

Anyway, see you tomorrow! And I’ll bring your favorite lunch.

From~

Eila with love!


UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

ANNEXURE- 5
WITNESS STATEMENTS
(Under section 161 of Code of Criminal Procedure)

PW 5: Ricky

Occupation: Student Age: 18 Sex: Male

Statement: I am Ricky, r/o Sant Vihar, Jagdishpur District. I live on the second floor in the
sabzi market lane where my shop is located. I'm a good friend of Eila and we study in the same
class. I’m still in shock to hear about this incident. I have come to know about this incident by
my father who slapped me by calling me irresponsible. I don’t know anything about this
incident, everything was just perfect and we were going so well with our friendship. Even
talking to her was a big task for me and a friendship would not have been possible had I not
received help from Kaant. Kaant bhaiya is very nice, he was very supportive of my feelings
towards Eila and helped me to get along with her. No one knew about this except for Kaant
Bhaiya.

DW 2: Guru Ji (Accused-1) Age: 62 Sex: Male

I am Sant Maharaj, r/o Sant Vihar, Jagdishpur District. My place of worship is where I belong,
Trilok Mandir Darbar. I’m very shocked to hear about Eila, She is a very lovely child. I
organized shudhi-pooja for her wellness as I saw sankat in her life. I knew she is in grave
danger always but poor girl, she never listened to me. On Pooja day, Eila got late. She told me
that she had to visit a friend, I enquired about some blood stains I saw on her clothes to which
she replied that she fell on the road while coming to darbar. She was walking in a different
posture as well. Sacred time was running for shuddhi Pooja, I forgot about the blood stains and
started preparing for Pooja. I did not know anything about the incident. All I know is, I’m very
spiritual being, son of god and I don’t have anything to do with Eila but only shower her with
blessings. Ask Ricky who was caught by my sevika on Pooja day, he was hiding in the sacred
hall when Pooja was happening. I always knew he has something to do with the poor girl.
UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION (MCA)
IV INTERNAL TRIAL ADVOCACY COMPETITION, 2018

LIST OF WITNESSES

1. Devi (PW 1)
2. Sheila (PW 2)
3. Lallan Top (Investigation Officer) (PW 3)
4. Dr. Pradeep Kumar (Medical Officer) (PW 4)
5. Ricky (PW 5)
6. Guru Ji (Accused-1) ( DW 2)
7. Kaant (Accused-2) (DW 3)
8. Shanta Sevika (DW 4)

THE LAWS OF THE UNION OF INDIANA ARE IN PARI MATERIA WITH THE
LAWS OF UNION OF INDIA AND FOR THE PURPOSE OF THE COMPETITION;
TEAMS SHOULD ASSUME THAT THE CRIMINAL JUSTICE SYSTEM OF THE
UNION OF INDIANA IS SIMILAR IN EVERY ASPECT WITH THAT OF THE
UNION OF INDIA.

FOR THE PURPOSES OF THE COMPETITION IT IS TO BE PRESUMED THAT


DR. PRADEEP KUMAR (PW 4) MR. LALLAN TOP (PW 3) HAVE CONSENTED
TO BE EXAMINED AS WITNESSES DURING THE TRIAL.

THE TEAMS ARE REQUIRED TO EXAMINE ALL THE WITNESSES WITHIN


THE TIME ALLOTTED TO THEM.

FOR ANY CLARIFICATIONS ON THE PROPOSITION CONTACT:


MCA.UPES@GMAIL.COM

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