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moot court file respondents memorial saina and prabha vs ram
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State................................... Prosecution Versus Amit..................................... Accused MEMORANDUM ON BEHALF OF ACCUSED Submitted to:- Submitted by:- Prof. Parul kangniwal Bikramjit Singh 6022 BA L.LB 10thsem
SC SUPREME COURT HC HIGH COURT SEC SECTION VS VERSUS IC INDIAN COURT CrPC CRIMINAL PROCEDURE CODE 4.INDEX OF AUTHORITIES
THE INDIAN PENAL CODE 1860 THE EVIDENCE ACT 1872 THE CRIMINAL PROCEDURE CODE 1973 STATEMENT OF JURISDICTION District court of Jalandhar. The petitioner submits to the same. Section 209 in The Code Of Criminal Procedure, 1973 Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- (a) 1 commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the
2.In the complaint it was stated by miss Priya that she used to visit in restaurant cum bar in Along with her friends where accused Amit Shabbir was manager. 3.Miss Priya states that Mr Amit used to follow her an approach to her on several occasions. Miss Priya openly stated that to Mr Amit that she did not like him. 4.Miss Priya disclosed this fact to her friends that once Amit has Hold her dupatta in the restaurant and try to molest her. She was going through psychological and emotional trauma because of the behaviour of said Amit Shabbir. 5.Amit promised to marry miss Priya and on the false promise of marriage he forcefully developed physical relation with miss Priya and even she was not also forced to have alcohol during her meeting with Amit and also showing her some video on pornography against her will. 6.She further stated that Amit had taken photos of intimate relations with her and had send her for those photos on her WhatsApp asking for further sexual favours.
7.Miss Priya lodged FIR U/S 354A, 354 B 354C, 354 D, 350, 351, 376 of IPC and section 66C, 66 E, 66 east of IT act 2000s with chembur police station stated that Amit has committed Against priya in the year 2013 and did not marry her in spite of promising her. 8.Further Amit file who is already on anticipatory bail granted by the honourable session court has filed a criminal application article 226 of the constitution and under section 482 of criminal procedure code 1973 in Bombay High Court for quashing of the said F.I.R filed against him while the matter is pending in the trial court and the charge sheet is not yet filed. STATEMENT OF CHARGES
Hon’ble Supreme Court of India has clarified that consensual physical relationship cannot be termed as rape. In the landmark Judgement, Hon’ble Supreme Court of India has demarcated grounds based on which every physical relation cannot be termed as rape and in order to understand decision passed by Hon’ble Supreme Court. Complainant defame Amit and in this result he suspended from his job. Case:- Uday vs State of Karnataka 2003 Supreme court observed that the consent given by the victim to sexual intercourse with a person whom she is deeply in love on a promise to marry her in future, cannot be said to a misconception of fact under Section 90 of IPC and hence, the accused will not be convicted for rape within the meaning of Section
Therefore, in light of facts stated, issues raised, Authorities cited and arguments advance may this honourable court be pleased to adjudge and declare that: That the Accused is being falsely accused of the offence of rape, hence he has not committed any such offences. that Accused should not be punished for the offences of rape under section 376 of IPC. That the Accused should be allowed to proceed with a defamation case against the complainant for damaging his reputation with the false rape allegation. AND Pass any other order that it may deem fit in the interest of justice, equity and good conscience. All of which is most humbly prayed.
