2nd NATIONAL MOOT COURT COMPETITION 2024

Moot Proposition

With the enactment of new criminal law passed in July 2013, present case came into light. A 24-years old man allegedly strangled his live-in partner with a mobile phone cable and dumped her body in a refrigerator at a dhaba on the outskirts of Mitra village in west Big City. Reason of the murder was that she wanted him to perform his promise to marry her. There was no prior missing report or any other complaint filed by the family of Minni Yadav. The Girl’s father stated that the same day, call was made by her to him. She seemed sad about the fact that Sohal was not fulfilling his promise to marry with her Police said one of their officers who stayed in the village received information that the woman could not be contacted by her family. A tip off was then received that a man had killed his girlfriend and got married the next day. Sohal was arrested on Ist of July,2013 at 5;30 pm in the evening by a team of Police from sakhna village crossing in Big City . "He had strangled her with the data cable of his mobile phone in his white Verna car on the night of June 30. He then drove with the body to his dhaba located on a plot on the outskirts of village Mitra and dumped it in the refrigerator there. After the murder he married another woman on next day,"

Minni mobile phone was found in Sohal possession. Police said that mobile tower location of accused also found near the dhabha. Police said Minni got to know that Sohal engagement had been fixed. His wedding was on the following day. She kept pressuring him to call off the wedding. Around 9p.m on 30 June, Sohal reached Bindapur and the couple then left home in his car. Investigating officials stated the two reached Roman Gate area and had heated arguments for “almost an hour while seated inside the car.” Out of Sudden rage and infuriation, Sohal strangled herwith the mobile cable. He “panicked” and roamed the area for a few hours as he did not know what to do and carry the body in his car and reached at his dhabha. On reaching the dhaba, Sohal stuffed her body in blue-coloured single-door fridge and closed it using cable wires. "Since the preceding day, he had his wedding, the dhaba remained closed for the next couple of days,". Sohal, a resident of Mitraon village told the police that after schooling, he prepared for SSC exams at a coaching center in Uttam Nagar in January 2010.Minni, a resident of Diwan Nagar, was preparing for her medical entrance and was enrolled at another institute in Ram Nagar. The two would travel in the same bus and their friendship blossomed from there. Soon the two fell in love. In February 2010 Sahil took admission at a college in Greater Noida and Minni followed suit, enrolling in the BA (English Honors) course. Thereafter, in 2013 the two started living together at Greater Noida in a rented house. They travel together to several places. They returned to their respective houses and started living together in a rented house in Krishna area .Sohal did not inform his family members about his relationship. Later his family pressured him to get married and fixed his wedding.

Police said they recovered the body of the woman from the fridge and the data cable from his car. "A case of murder and destruction of evidence has been registered on the date of 4th July ,2013 at Baba Haridas Nagar police station. The police stated that the crime came to light four days later. Investigations into the murder also revealed that hours after allegedly killing her, Sohal deleted all the data from both his and the victim’s cell phones. He knew the phone chats could be used as evidence by the police, the senior officer said, adding that Sohal also kept her cell phone hidden. In the wedding photographs analysis by the police, Sohal didn’t look anxious. “He participated and danced with his family members. All this while, he didn’t look anxious,” the officer said, adding that even the police analyzed the wedding videos.

The Investing Agency said they have found traces of conversations being deleted from the victim’s cell phone in an attempt to mislead the police. “Possibly, the conversations had details of instances when the duo were quarreling over different issues. The accused was aware that phone conversations could be used as evidence against him. The Investigating Agency sent her mobile phone that was recovered from his possession to the Forensic Science Laboratory for further analysis and to retrieve previous conversations. The complete chat couldn’t be retrieved. Another officer investigating the case said Sohal was interrogated thoroughly. To corroborate his version of the crime, he has been taken to each location where he revealed during the interrogation to recreate the scene of crime, the officer said. According to DCP (crime) Ramesh Kumar, during the five-day police custody, the accused is asked to identify the routes he took on the day of the incident. The DCP added that Sohal confessed the crime. In the last few pages of personal diary she wrote about her sadness and depression because Sohal was not able to convince his parents for their relationship and wedding.

The police have invoked the Sections of murder, disappearance of evidence, intentionally omitting information regarding an offence, harbouring offender, criminal conspiracy and common intention.

The P.W 1 Dr. Bhikhubhai, in his evidence Exh.13 has deposed that 5 th July 2013, he was on duty at the Disha Government Hospital as a Medical Officer. At that point of time, a dead body of a lady was brought for postmortem by the Police Sub-Inspector of Police Station. He has deposed that the postmortem of the dead body of the deceased was performed on July 5, 2013 at around 11.45 hours and was completed at 13.30 hours.

Post-mortem report stated about the ligature mark is transverse, not completely encircling the neck and crossing the mid line on the thyroid cartilage. The base of ligature mark is soft and reddish in colour starting right lateral aspect of neck 7 cms away from midline, come to midline on the thyroid cartilage to left lateral aspect of neck and sight upwards size 14 x 1cms and not marked by deep.

Fracture of thyroid cartilage. No bony injury of skull bones, but fracture of thyroid cartilage of both superior horns.

As per statement recorded by Judicial Magistrate, Minni Yadav’s sister and her friend, who were the last persons to see Yadav alive and leaving the rented flat with Sohal. But both turned hostile.

Defence version was that he and Minni were simple friends. On that very day he was not with her. He doesn’t know she have committed suicide or murdered by any other person. He also produced the rent agreement copy of the Landlord of Krishna Enclave which shows the name of only Minni as tenant.

Trial Court awarded death sentence for offenses of murder along with other offenses on ground of electronic, medical, Statement of father and statement recorded by Judicial Magistrate and other evidences. High Court converted death sentence into life imprisonment. Accused filed SLP in Supreme Court for acquittal as well as challenge the Constitutionality of new laws. He also argued that trial is vitiated as conducted according to new laws. On the other hand deceased parents ask for the death sentence, for such well planned heinous crime. On present day appeal is being heard on following issues with additional issues, as per law, framed by teams.

1.Whether SLP is maintainable?

2.Whether the accused committed murder of the deceased?

3.Whether new laws have procedural retrospective effect?

4.Whether new criminal laws are constitutionally valid?

5.Whether accused must be awarded death punishment or other punishment?