MOOT PROBLEM 2

CRIMINAL LAW

Mr. Mike Ross is a practicing advocate, residing with his two daughters, Jessica and Donna
and his wife Mrs. Rachel in Specter Residency, Chennai, Tamil Nadu. He has been practicing
in Chennai for the last 25 Years. Within the same locality, Mr. Harvey and his wife Mrs. Katrina
along with his son Louis aged 25 years, who was working as Assistant Manager in Pearson
Pharmaceuticals used to stay. Both Mr. Ross and Mr. Harvey had a very good family relation.
These two families used to frequently visit each other’s residence on various occasions. During
these meetings, Louis became friendly with Jessica, the eldest daughter of Mr. Ross, and soon
this friendship transformed into love. Mr. Harvey and his wife were well aware of all these
facts. In January 2019, Mr. Harvey was transferred to Coimbatore, hence he, with his family
shifted there. However, Louis used to roam between Chennai and Coimbatore to meet Jessica.

One fine morning on 4/5/2019, Mr. Harvey made a telephonic call to Mr. Ross and told him
that his son Louis and Mr. Ross’s daughter Jessica are in love with each-other, so he wishes to
visit him to discuss about the marriage of Louis and Jessica. Mr. Ross in a very harsh manner,
not only denied the idea of marriage, but also insulted Mr. Harvey, with remarks on his caste,
as he is a Brahmin and Mr. Harvey belongs to Dalit community. In result, Mr. Harvey replied
in the same tone and warned him to repent for the words.

One ill –fated morning dated 8/5/2019, Mr. Ross and his wife left their house at about 6:15
A.M. for a morning walk and when they came back at about 7:00 to 7:15 A.M., the outer door
was open and a newspaper was lying in the verandah and on entry into house, they found the
younger daughter Donna dead with injuries and eldest daughter Jessica was found dead in the
toilet.

A FIR was lodged before Police Station Vijay Nagar, Chennai, at Crime No. 112/2019 for the
offences under Section 103 and 332 of the Bharatiya Nyaya Sanhita, 2023. During
preliminary investigation, Police recovered the knife and bloodstained clothes from the bushes,
behind Litt Hospital. Cameron (PW-3), who lived just opposite to the house of Mr. Ross,
alleged that he saw Louis (Accused) jumping from the compound wall in the morning. In line
of this, Mr. Ross also raised the suspicion against said Louis. A team was sent to Coimbatore
to arrest Louis under Sub Inspector C.K. Alex, but he was not found there and the Police was
informed that Louis (Accused) went to Hyderabad to his sister’s place.

Accused was taken into custody from Hyderabad on 10/05/2019 by Sub Inspector C.K. Alex
from the residence of his sister. He was produced before an Executive Magistrate at Hyderabad,
where he allegedly confessed the offence. He was brought to Chennai, where he was formally
arrested by the Investigating Officer Inspector Marcus. At the time of his arrest, Accused Louis
produced a sleeper class train ticket from Coimbatore to Hyderabad for the night of 07th-08th
May 2019. A golden chain was also recovered from him. Memo under Section 23(2) of
Bharatiya Sakshya Adhiniyam, 2023 was prepared for knife and bloodstained clothes, in
which he confessed the act and disclosed that he kept the bloodstained clothes and the weapon
(knife) in bushes behind Litt Hospital. On this statement a fresh Seizure Memo for both the
articles was also prepared along with other documents.

The Accused, Louis, was charged under Section 103 of BNS, 2023 for the murder of two
girls and under Section 332 of the BNS, 2023. During the trial, Accused Louis denied the
charges and took the plea of alibi that he was travelling to Hyderabad on the intervening night
of 7th-8th May 2019 (the date of the happening of the incident). He also denied the confession
before Executive Magistrate at Hyderabad. All the witnesses deposed in their testimony in line
with the record. However, the officer C.K. Alex, who brought the Accused from Hyderabad
was not examined by the learned trial court. Further, the Accused filed an application to call
T.T.E. of South-Central Railway, Coimbatore along with the travel record of S-6 Coach of
Hyderabad Express of 7/8/2019, but his application was rejected thereon. DW-1 the sister of
Accused Mrs. Sheila in her deposition confirmed that Accused reached her place at Hyderabad
on 08/05/2019 at around 10 a.m. and stayed with her till C.K. Alex (S.I.) reached her residence
and took the Accused with him.

The learned Trial Court adverted to the chain of following circumstances said to have been
shown against the Accused to establish his guilt beyond reasonable doubt:

A) Intention/ motive to commit crime i.e. the Accused failed in love affair, so was the reason
committing crime.

B) He was seen by PW-3 Cameron, running from the scene, just after the incident.

C) Seizure of the chain from the possession of the Accused and the identification of the same
by the mother and father of the deceased.
D) Disclosure statement given by the Accused under Section 23(2) of Bharatiya Sakshya
Adhiniyam, 2023 and seizure of the knife and blood-stained clothes, not pursuant to the same
but before the same in the process of search of crime scene & nearby places by the investigation
team, the same was approved by the Memo prepared u/s 23(2) by the Accused.

E) Presence of human blood in the chemical examination of the knife and blood-stained clothes
seized from the Accused.

F) Confession of the Accused as was made before the Executive Magistrate in Hyderabad with
respect to the instant matter.

The Sessions Court convicted the Accused and sentenced him to life imprisonment. Aggrieved
by the decision of trial court, appeal was preferred to the High Court. Division Bench of
Hon’ble High Court of Madras upheld the decision of the Session Court.

Against the judgment of High Court, Appeal has been admitted by the Hon’ble Supreme Court
of India. Now the case is listed for final hearing.

ISSUES:

1. Whether the present case is maintainable?

2. Whether the prosecution has established a clear motive for the Accused to commit
the murders of Jessica and Donna?
3. Whether the confession made by the Accused, Louis, before the Executive
Magistrate is admissible as evidence in light of his denial of the confession during
the trial?
4. Whether the circumstantial evidence presented, including the seizure of the knife,
blood-stained clothes, and the golden chain, is sufficient to establish the guilt of
the Accused beyond a reasonable doubt?
5. Whether the timeline of the Accused’s travel to Hyderabad can serve as an alibi
and exculpate him from the charges against him?
6. Whether the trial court and the High Court properly evaluated the evidentiary
burden and legal standards required to convict the Accused under Sections 103
and 332 of the Bharatiya Nyaya Sanhita, 2023?