Moot Poposition for Law Department, Gurugram University

The Chairman, Railway Board &ORS….……………PETITIONER

Heena Ibraham, a citizen of Bangladesh came to India on official duty in the month
of December 2016. Before returning to Bangladesh, she wanted to visit Ajmer
Sharif. With that intent in mind, she arrived at Calcutta on 24 th December, 2016
and stayed at a hotel at 10, Sudder Street, Police station Taltola.
She arrived at Howrah Railway Station on 1 st Jan, 2017 at about 14.00 hours to
avail Jodhour Express at 23.00 Hours for paying a visit to Ajmer Sharif. She had,
however, a wait listed ticket and so the approached a Train ticket Examiner at the
Station for confirmation of berth against her ticket. The Train ticket Examiner
asked her to wait in the Ladies Waiting room. She accordingly came to the ladies
waiting room and rested there.
At about 17.00 hours on 1st Jan, 2017, two unknown persons (later identified as one
Ashok Singh, a tout who posed himself as a very influential person of the Railway
and Siya Ram Singh a railway ticket broker having good acquaintance with some
of the Railway Staff of Howrah Station) approached her, took her ticket and
returned the same after confirming reservation in Coach No. S-3 (Berth No.17) of
Jodhpur Express. At about 20.00 hours Siya Ram Singh came again to her with a
boy named Kashi and told her to accompany the boy to a restaurant if she wanted
to have food for the night. Accordingly at about 21.00 hours she went to a nearby
eating house with Kashi and had her meal there. Soon after she had taken her meal,
she vomited and came back to the Ladies Waiting room.
At about 21.00 hours Ashok Singh along with Rafi Ahmed a parcel Supervisor at
Howrah Station came to the ladies Waiting Room before boarding the train. She
appeared to have some doubt initially but on being certified by the lady attendants
engaged on duty at the ladies Waiting Room about their credentials she
accompanied them to Yatri Niwas. Sitaram Singh, a khalasi of electric Department
of Howrah Station joined them on way to Yatri Niwas.
She was taken to room No.102 on the first floor of Yatri Niwas. The room was
booked in the name of Ashok Singh against Railway Card pass no. 3638 since 30 th

Dec, 2016. In room no.102 two other persons namely, one Lalan Singh, Parcel
Clerk of Howrah Railway Station and Awdesh Singh, Parcel Clearing Agent were
waiting.
Heena Ibraham suspected something amiss when Ashoke Singh forced her into the
room. Awdesh Singh bolted the room from outside and stood on guard outside the
Sunil Sharma (Age 16 years boy helper in railway on contract basis) took liquor
inside the room and also forcibly compelled her to consume liquor. All the five
persons who were present inside the room brutally violated, and committed gang
rape on Heena Ibraham, who was in a state of shock and daze.
When she could recover, she managed to escape from the room of Yatri Niwas and
came back to the platform where again she met Siya Ram Singh and found him
talking to Ashoke Singh. Seeing her plight Siya Ram Singh pretended to be her
saviour and also abused and slapped Ashoke Singh. Since it was well past
midnight and Jodhpur Express had already departed, Siya Ram requested Heena
Ibraham to accompany him to his residence to rest for the night with his wife and
children. He assured her to help entrain Poorva Express on the following morning.
Thereafter Siyaram accompanied by Ram Samiram Sharma, a friend of siyaram
took her to the rented flat of Ram Samiram Sharma at 66, pathuriaghata Street,
Police Station Jorabagan, Calcutta. There Siyaram raped Heena Ibraham and when
she protested and resisted violently Siyaram and Ram Samiran Sharma gagged her
mouth and nostrils intending to kill her as a result Heena bled profusely. On being
informed by the landlord of the building following the hue and cry raised by Heena
Ibraham, she was reecued by Jorabagan Police.”
On the basis of abovementioned facts one social activist and Advocate mrs.
Chanda Bose and few NGO Members filed petition under article 226 as Public
Interest Litigation against Railway Board and Union of India for Heena Ibraham,
the victim, and many such other victims of rapes committed in the railway
premises, saying that the main accused in the instant case are employees of the
railways, and the Union of India and they are perpetrators of the heinous crime of
gang rape repeatedly committed upon the helpless victim Heena Ibraham.
It was on the basis of the above facts that the High Court awarded a sum of Rs. 10
lacs under Article 226 as compensation to Heena Ibraham, as the High Court was
of the opinion that the rape was committed at the building (Rail Yatri Niwas)
belonging to the Railways and the gang rape was perpetrated by the railway
empoyees.
Now the case is before the Supreme Court. The points to be argued before the
Supreme Court are:
1. Whether Heena Ibraham who is a foreigner and not an Indian citizen is
entitled to any relief / compensation under Constitution of India?
2. Whether the commission of an offence like rape by the person concerned,
would make the railway or the Union of India liable to pay compensation to
the victim of the offence on the ground of vicarious liability?
3. Whether the accused Sunil Sharma (age 16 years boy) can be treated as an
adult for the offence of gang Rape?
Prepare arguments on behalf of both the parties.

Mr. Avinash Gaur

Ms. Himani Ahlawat