Ahmednagar Jilha Maratha Vidya Prasark Samaj’s

New Law College, Ahmednagar

Justice S. B. Mhase Third State Level Moot Court Competition, 2019-2020

22nd and 23rd February 2020

MOOT PROBLEM
Akash is a young bright student, studying in 2nd year Engineering program in Jai Hind
College of engineering. Since last few weeks he is visibly under stress, and has also started
showing signs of depression. His performance in his projects is also affected.
On 1st December 2019, Akash out of frustration, attempts to commit suicide by trying to
hang himself from the ceiling fan in hostel room. Luckily, a fellow student observed it in time and
foiled the attempt. Friends and family consulted and took Akash in confidence. Upon which it
was revealed that a co student named Meera has been sending him messages, on his WhatsApp
Messenger, Instagram account and even through FB messenger. The messages would profess her
feelings of love towards Akash, and sometimes were also having lewd content, sexually explicit
content. It was revealed that Akash had initially, replied to the messages making it explicitly clear
that he was not interested and that Meera should not send such messages or any messages to
Akash. Despite the same, the messages kept coming at unlikely hours. Of late, Meera had also
started stopping him in streets and pursuing to seek a positive reply from Akash for having a
relationship.
Not knowing whom to approach, fearing being ridiculed by family and friends and society
in general that being a man he felt threatened and is being approached by a girl, he finally decided
to take the extreme step.
Family and friends of Akash approached the Police at Sardar area Police station, but the
police declined to register any complaint against Meera, as though the act fell within the
definition of Stalking; however it is only if a man does those acts against a woman, that it can be
an offence.
Akash has now approached the High Court of Sahajpur, challenging the constitutional validity
of Section 354D on the Hind Penal code, in force in the Country of Hind. He has also sought
directions to the Police Inspector, Sardar Police station to register an First Information Report.
 File a petition challenging the provision of Sec 354D of Hind Penal code.
 Defend the said petition on behalf of the State of Hind.
 The laws of State of Hind are equivalent to the laws of India.