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This moot court memorial presents a case involving the petitioner/prosecution against the accused for dowry harassment, dowry death, and abetment to suicide under various sections of the Indian Penal Code. The document outlines the facts of the case, legal issues, and arguments, emphasizing the victim's suffering, the circumstances of her death, and the presumption of guilt for the accused. The petitioner seeks conviction and relief based on the established legal principles and evidence presented.

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12 views

Moot file2

This moot court memorial presents a case involving the petitioner/prosecution against the accused for dowry harassment, dowry death, and abetment to suicide under various sections of the Indian Penal Code. The document outlines the facts of the case, legal issues, and arguments, emphasizing the victim's suffering, the circumstances of her death, and the presumption of guilt for the accused. The petitioner seeks conviction and relief based on the established legal principles and evidence presented.

Uploaded by

ks9781218384
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 13

MOOT COURT MEMORIAL (On behalf of the Petitioner/Prosecution)

TABLE OF CONTENTS

1. List of Abbreviations
2. Index of Authorities
- Landmark Cases
- Books & Online Sources
3. Statement of Jurisdiction
4. Statement of Facts
5. Legal Issues Involved
6. Summary of Arguments
7. Arguments Advanced
8. Prayer
LIST OF ABBREVIATIONS

- IPC - Indian Penal Code, 1860


- CrPC - Code of Criminal Procedure, 1973
- SC - Supreme Court
- HC - High Court
- Sec. - Section
- Anr. - Another
- & Ors. - And Others
- v. - Versus
LIST OF RELATED LANDMARK CASES

1. Sham Lal v. State of Haryana (1997) 9 SCC 759 - Conviction in a dowry death
case based on circumstantial evidence.
2. Bachni Devi v. State of Haryana (2011) 4 SCC 427 - Explaining cruelty under
Section 498A IPC.
3. Narayanamurthy v. State of Karnataka (2008) 16 SCC 512 - Role of
presumption under Section 304B IPC.
4. Anjanappa v. State of Karnataka (2014) 12 SCC 82 - Mental cruelty leading to
suicide as abetment under Section 306 IPC.
5. Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618 - Conditions required
for proving abetment to suicide.
BOOKS & ONLINE SOURCES REFERRED

Books
1. Ratanlal & Dhirajlal, The Indian Penal Code
2. K.D. Gaur, Criminal Law - Cases and Materials
3. P.S. Aithal, Law of Crimes in India

Online Sources
1. Manupatra
2. SCC Online
3. Indian Kanoon
4. Live Law
STATEMENT OF JURISDICTION

The present case is a criminal matter concerning Sections 498A, 304B, and 306 IPC.
The Hon'ble Court has jurisdiction under Section 374(2) of the CrPC, as it pertains
to an appeal in a criminal case.
STATEMENT OF FACTS

1. Marriage & Relationship: Harman was married to Kawal in 2016, against her
wishes. She had a past relationship with Ashish, which she tried to end after
marriage.
2. Dowry Harassment: Harman was subjected to continuous mental and physical
torture due to unfulfilled dowry demands. She confided in Ashish about her
suffering.
3. Incident on 10th August 2018: Harman was burned alive in the bathroom after
kerosene was poured on her and set on fire. She screamed for help for half an
hour, but no one from the family intervened.
4. Suicide Note: A note was recovered stating, "I have had enough of life without
any love and don't want to live any longer." The date on the note was 30th July
2018.
5. Legal Charges: The police arrested the husband, father-in-law, mother-in-law,
and sister-in-law Sonam under Sections 498A, 304B, and 306 IPC.
LEGAL ISSUES INVOLVED

1. Whether the deceased was subjected to cruelty and harassment in connection


with dowry demands under Section 498A IPC?
2. Whether the accused are guilty of dowry death under Section 304B IPC,
considering the unnatural circumstances of the death?
3. Whether the actions and inaction of the accused amount to abetment to
suicide under Section 306 IPC?
4. Whether the accused should be held liable under the presumption of guilt
under Section 113B of the Indian Evidence Act, 1872?
SUMMARY OF ARGUMENTS

1. Dowry Harassment Was Persistent and Unreported Due to Fear: The victim was
subjected to continuous cruelty but did not file a complaint due to family and
societal pressure.
2. Section 304B IPC (Dowry Death) is Fully Attracted: The victim died under
unnatural circumstances within 7 years of marriage, making the accused liable
under Section 113B of the Evidence Act.
3. Abetment to Suicide is Established: The victim's mental condition deteriorated
due to constant harassment, leading her to take the extreme step.
4. Presumption of Guilt Should Apply: As per Section 113B of the Evidence Act,
once dowry harassment is proved, it is presumed that the accused caused the
death.
5. Murder Cannot Be Ruled Out: The victim screamed for help for half an hour,
indicating deliberate inaction or participation by the accused.
ARGUMENTS ADVANCED

I. THE ACCUSED SUBJECTED THE DECEASED TO CRUELTY IN CONNECTION WITH


DOWRY DEMANDS (SECTION 498A IPC)
- The victim was forced to bring money from her parents and was harassed for failing
to do so.
- No formal complaint does not mean no harassment; many victims do not report
due to fear of retaliation.
- The deceased confided in Ashish, whose testimony establishes a pattern of cruelty.

Case Law:
- Bachni Devi v. State of Haryana (2011) 4 SCC 427 - Defines cruelty under Section
498A IPC beyond physical violence.

II. THE DEATH FALLS UNDER SECTION 304B IPC (DOWRY DEATH)
- The victim died an unnatural death (burn injuries) within 7 years of marriage.
- Section 304B IPC creates a presumption that if a woman dies in such
circumstances, her husband and in-laws are presumed guilty unless proven
otherwise.
- The accused have failed to provide any reasonable explanation for the victim's
death.

Case Law:
- Narayanamurthy v. State of Karnataka (2008) 16 SCC 512 - The burden shifts to
the accused to prove they are not responsible for the dowry death.

III. THE ACCUSED ABETTED THE SUICIDE UNDER SECTION 306 IPC
- The victim's mental distress was a direct result of continuous torture and
abuse by her in-laws.
- The victim's suicide note reflects hopelessness, which is a result of prolonged
harassment.
- The accused's willful neglect and failure to prevent her death amount to abetment.

Case Law:
ARGUMENTS ADVANCED
- Anjanappa v. State of Karnataka (2014) 12 SCC 82 - Establishes how
persistent mental harassment can lead to suicide under Section 306 IPC.
IV. PRESUMPTION OF GUILT UNDER SECTION 113B OF THE INDIAN EVIDENCE ACT
- Section 113B shifts the burden of proof onto the accused once dowry
harassment is established.
- The accused have not provided any explanation for the victim's unnatural death.

Case Law:
- Sham Lal v. State of Haryana (1997) 9 SCC 759 - The presumption under Section
113B of the Evidence Act is strong unless rebutted convincingly.
PRAYER

Wherefore, in light of the arguments advanced, the Petitioner respectfully prays


that this Hon'ble Court may:
1. Convict the accused under Sections 498A, 304B, and 306 IPC, as their actions
directly led to the victim's unnatural death.
2. Apply Section 113B of the Evidence Act to presume guilt due to the
circumstances of the case.
3. Grant any other relief as deemed fit in the interest of justice.

Date
Place. Signature
Counsel for the Petitioner

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