8 th FYLC Ranka National Moot Court Competition 2018 University Five Year Law College, University of Rajasthan, Jaipur

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1 8 th FYLC Ranka National Moot Court Competition 2018 University Five Year Law College, University of Rajasthan, Jaipur Tel.: Dear Sir/Madam, University Five Year Law College (UFYLC) has been established by the University of Rajasthan with the vision of furnishing law aspirants with comprehensive analytical and practical legal knowledge in order to produce an intellect who will strive for all round excellence. UFYLC strives for maintaining reputation for quality teaching. To give exposure to students pursuing the law course to the environment of the court system in India and to hone their advocacy skills and to provide a real life experience cum training in doing cutting edge research, presenting ground breaking arguments and contributing to the development of jurisprudence in concerned areas of law, UFYLC is organizing National Moot Court Competition jointly with Ranka Public Charitable Trust since st FYLC Ranka National Moot Court Competition 2011 was organized on 9 th 11 th September, 2011 with the participation of 25 teams across the country. Hon ble Mrs. Justice Gyan Sudha Misra of the Supreme Court inaugurated and was the Chief Guest. 2 nd FYLC Ranka National Moot Court Competition 2012 was held on 30 th Sept. 3 rd October, 2012 in which 50 teams had participated from all over the country. Hon ble Mr. Justice G.S. Singhvi was the Chief Guest in the inaugural session. 3 rd FYLC Ranka National Moot Court Competition 2013 was organized from 28 th 30 th September, 2013 with great success in which more than 60 teams had participated from every corner of the country. Hon ble Mr. Justice Prakash Tantia was the Chief Guest in the inaugural session. 4 th FYLC Ranka National Moot Court Competition 2014 was organized from 20 th 22 nd September, 2014 with great success in which more than 60 teams had participated from every corner of the country. Hon ble Mr. Justice Arun Mishra was the Chief Guest in the inaugural session. 5 th FYLC Ranka National Moot Court Competition 2015 was organized from 26 th 28 th September, 2015 with great success in which more than 48 teams had participated from every corner of the country. Hon ble Mr. Justice Anil R. Dave was the Chief Guest in the inaugural session. 6 th FYLC Ranka National Moot Court Competition 2016 was organized from 3 rd 5 th September, 2016 with great success in which more than 45 teams had participated from every corner of the country. Hon ble Mr. Justice V. Gopala Gowda was the Chief Guest in the inaugural session. 7 th FYLC Ranka National Moot Court Competition 2017 was organized from 28 th 30 th October, 2017 with great success in which more than 50 teams had participated from every corner of the country. Hon ble Mr. Justice K.S. Jhaveri was the Chief Guest in the inaugural session. We take great pleasure in announcing that UFYLC is organizing the 8 th FYLC Ranka National Moot Court Competition 2018 from 13 th 15 th October, In this regard we solicit your cooperation by taking part in the Moot Competition. I am sure that all Dean/Principals/Heads of Department of Law will take interest and nominate the teams sufficiently in advance and encourage the students in their academic pursuit. Note: Rules & Regulations regarding the competition, moot problem and registration form enclosed herewith. Mr. Rajeev Soni Director (University Five Year Law College) University of Rajasthan, Jaipur

2 1 8 th FYLC - RANKA NATIONAL MOOT COURT COMPETITION, 2018 MOOT COURT PROPOSITION 1. Miss Gyanwati, aged about 20 years was studying in Commerce College, Jaipur in B.Com (Final). She had a close friend Mr. Suresh S/o Ex-Chief Minister, aged about 22 years studying in the same college in M.Com. On after New Year s party Miss Gyanwati was going on her Scooty to her residence near Jawahar Circle. Three students namely Suresh, Mahesh and Dinesh S/o DIG Police, all students of Commerce College intercepted her. Knocked the Scooty and kidnapped on gun point and carried her in Honda City Car bearing Number HR 16F 7337 to distant and lonely place in the interior on Tonk Road, Jaipur. At the said place having only one room, two students Gyanesh and Virender were waiting. Miss Gyanwati was carried in the room where all the five students drank Scotch whisky and forcibly made her naked. She resisted and cried, but was tied with black rope. No one came to rescue her. Thereafter, she was raped by all the five including Virender, who was minor with age 17 years. 2. Miss Gyanwati, having been raped by all the five, was left naked in the room, which was locked and 4 of them left leaving Virender to watch and wait. Before leaving the victim was tried with iron chains. On at about 4.00 P.M. Suresh came along with Brijesh, a brilliant and handsome student, whose father is a millionaire. They had snacks with whisky. Suresh enquired of Brijesh, as to whether he wants to have intercourse with the victim. He accepted the offer and both raped the victim one after the other. The victim became unconscious and her uterus was ruptured, with bruises on the breast and other parts of the body. 3. On , Shri Mahesh contacted on phone (land-line) Manmohan, father of Gyanwati, informed him that his daughter has been kidnapped and raped and if he wants her release to a safe place, he should come to the specified place along with a ransom of 5 lacs, else she would be killed and her body would be thrown in a pond. He told he will ring up again in the early morning on and by then he should arrange ransom and

3 2 agree to come alone. On he was again contacted on mobile by Brijesh, who required him to come alone at the specified place in the hill-side at A.M. with the money and without arms. Manmohan had no option. He borrowed Rs. 5 lacs from Gyanchand and on motorbike left for the scheduled place. He was received by Dinesh and after taking his physical search was sent to Mahesh, who was sitting at a distance. Shri Manmohan, handed over the cash bag and his mobile to Mahesh. Thereafter eyes of Shri Manmohan was blind folded with cloth, he was carried to the room, which was unlocked and his daughter was handed over with a warning that if they would make any report, her video would be flashed out on social media and she will be killed. Shri Manmohan carried his daughter to his residence and told whole story to his wife Mohini, who cross-checked with the victim. All the three took the decision to report to the police and to see that the culprits are caught and prosecuted. 4. FIR No. 10 dated with names of all the accused, for offences under Sections 376, 364, 364A/34 IPC r/w Sections 25/27 of the Arms Act was registered at Chaksu Police Station and statements of the victim was recorded u/s. 161 Cr. P.C. In her statement she stated above stated facts, disclosed names with identity, description of place where she was kept captive and raped. The statements of Shri Manmohan were also recorded, who affirmed above stated facts and events. Statements of the victim were also recorded u/s. 164 Cr. P.C. 5. Shri Sukhbir Singh was appointed as Investigation Officer. On pursuing the investigation, the police also visited the places where the victim had been kidnapped, raped, kept in captive and released after ransom. The investigating agency found / recovered the followings: (i) (ii) (iii) (iv) Honda Car registered in the name of Vilas Chand, father of Brijesh; Mobiles of all the accused; Iron chains, black rope, whisky bottles, cash of Rs. 4,80,000/- etc. ; Gun with 20 cartridges;

4 3 (v) (vi) Evidence in support that all the accused were students of Commerce College and minor Virender was studying in nearby Poddar College; Matriculation Certificate of Virender with date of birth The investigating agency arrested all the accused except Brijesh, who was declared as proclaimed offender. The arrested accused identified the victim, the recovered above stated articles, but denied the charges. 6. On the victim was examined by the doctor of SMS Hospital and the medical report supported rape and body injury. It was also stated that the victim would not be able to give birth to a child at any time hereafter. On identification parade the accused were identified by the victim and her father. On the completion of the investigation drill, charge sheet under Sections 376, 364A, 465, 468, 471, 120B IPC and Sections 25/27 of the Arms Act was laid against the accused persons. The investigation, however revealed that the Honda Car, mobiles and some articles had been used in the commission of the offences. Charges were framed against the accused under the above Sections of law to which they pleaded not guilty. Where after the prosecution examined 27 witnesses. The accused persons in the course of their statements under Section 313 Cr.P.C. stood by their denial of the charge. Fourteen witnesses were also examined in defence. The Trial Court on an assessment of the evidence on record, convicted the accused persons and their co-accused under the above mentioned sections of law. All the accused were sentenced to rigorous imprisonment for life time and were fined with Rs. 10,000/- each. All the accused were directed to compensate the victim with an amount of Rs. 50 lacs jointly and severally and the State Government was also directed to pay a sum of Rs. 10 lacs to the victim. 7. All the accused, including Vilas Chand, father of the absconder Brijesh, preferred appeals, which were dismissed with costs in the light of overwhelming evidence oral and documentary. It was held that the evidence of the victim (PW1) as a whole, in our estimate, is truthful, having regard to the details provided with accompanying clarity and conviction. Her elaborate testimony not only has projected the stage-wise developments following her abduction till her release, the same has remained un-shaken substantially even by her cross-examination. This witness not only had the opportunity of seeing her abductors but also had

5 4 heard their exchanges by referring to their nick names. She was in their company and under their surveillance for almost two days in course whereof they not only interacted with her but also had closely followed her conversation with her father on more than one occasion on the aspect of ransom. Apart from the fact that there is nothing convincing on record to even infer any false implication of the accused persons, we are of the unhesitant opinion that the accused were perpetrators of the offences. In the face of the overall evidence on record, the alleged deficiencies do not at all detract from the veracity of the prosecution case. The evidence adduced vis-à-vis stage wise recovery of mobiles, fire arms, the Honda City Car, Chains, rope etc. and medical report establish their complicity in the offences. The testimony of the witnesses to the above effect authenticate that the procedure prescribed by law for affecting such seizures had been complied with. The factum of each discovery based on the disclosures of the accused persons is not only a relevant fact under Section 27 of the Evidence Act but also noticeably has not been very seriously disputed by the defence. These seized articles have been produced and identified in the court by the witnesses as well. The testimony of the lenders and that of PW-14 in particular, identifying some of the packets of the currency notes by the initials or the names as labelled by him also cannot be lightly ignored. PW2, the father of the victim, apart from stating generally about the abduction of his daughter and her release has however in minute details described the particulars of the ransom calls received and his desperate endeavours to collect the amount to the extent possible within the dead line of time to save his daughter in distress. The witnesses examined by the prosecution as the lender of the amount not only were referred to by this witness in his deposition, to reiterate he also endorsed to have responded to his clarion call. 8. Having regard to the series of frightful experiences which the victim had to encounter during her captivity of a period of almost two days in the scary company of her abductors and the fearful moments that she had to pass under the constant threat of being killed by them, as threatened from time to time, it is natural that she must have had sufficient opportunity to note their features to enable her to identify them even by their looks at a later point of time. That the abductors, during the relevant time, had intimidated the victim as well as her father that if the ransom amount demanded is not paid in time, the hostage would be done away with, has been stated on oath by both of them in categorical terms. The manner in which the victim was abducted and kept at a lonely place parallel following up the demand of

6 5 ransom under the threat of her elimination leaves no manner of doubt that they had resorted to a plot to extract a handsome amount by way of ransom under the threat to the life of victim. 9. Qua the admissibility of the call details, it is a matter of record that though PWs 24, 25, 26 and 27 have endeavoured to prove on the basis of the printed copy of the computer generated call details kept in usual ordinary course of business and stored in a hard disc of the company server, to co-relate the calls made from and to the cell phones involved including those, amongst others recovered from the accused persons, the prosecution has also adduced a certificate relatable thereto as required u/s. 65B(4) of the Evidence Act. 10. All the accused persons have filed appeals against the affirmation by the appellate court. They have challenged constitutional validity of life imprisonment and draconian levy of fine and compensation. The Hon ble Supreme Court has admitted appeals. Notices have been issued to the victim, her father, Centre Government, Rajasthan State, and all other States as to the appeal and in regard to constitutional validity of the provisions. Moot Court (8 th FYLC Proposition

7 Tel.: th FYLC Ranka National Moot Court Competition 2018 University Five Year Law College, University of Rajasthan, Jaipur ufylcrankanationalmootcourt@gmail.co.in REGISTRATION FORM Serial No.: (For Office Use Only) Name and Address of the College/Institution: Contact No.: Fax No.: Details of Participants: Participants Name Gender Mobile No. Speaker 1 Speaker 2 Researcher Paste Passport Size Photo Paste Passport Size Photo Paste Passport Size Photo (Speaker 1) (Speaker 2) (Researcher)

8 Traveling Detail s: Date Mode Time Arrival Departure Registration Fee Details: Bank Name: Demand Draft No.: Demand Draft Date: Date: Signature and Seal of Head of Institution Note: 1. Last date for Registration form submission is 18 th September, 2018 along with Demand draft of Rs 5000/-. 2. Last date for memorials submission is 28 th September, 2018 (with Soft Copy) 5 th October 2018 (with Hard Copy). 3. All Participants are required to carry their college identity card. 4. Demand Draft shall be drawn in favor of Director, University Five Year Law College, U.O.R., Jaipur Payable at Jaipur.

9 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) Rules and Regulations 1. Aim and purpose (i) To give exposure to students pursuing the law course to the environment of the court system in India and to hone their advocacy skills. (ii) To provide a real life experience cum training in doing cutting edge research, Presenting ground breaking arguments and contributing to the development of jurisprudence in concerned areas of law. 2. Date and Venue 13 th 15 th October 2018 at University F i v e Year Law College, University Campus, Jaipur. 3. Team composition and eligibility criteria (i) Each team shall comprise of three (3) members ONLY out of which two (2) will be speakers and one (1) researcher. (ii) Arguments shall be in English only. (iii) The competition is open for bona fide students pursuing Five Year Integrated and Three Year LL.B course. (iv) Each Law College/ University shall be eligible to send one team. Team should not disclose the identity of their institution in course of proceedings in the court rooms; such disclosure shall invite penalties including disqualification. (v) Each team shall be provided with the team code by draw of lots followed by Exchange of memorials. 4. Registration (i) The Registration form completed with all Team Details must be submitted online and also sent to the College on or before 18 th September (ii) A Registration fee of Rs.5000/- is to be sent by way of Demand Draft drawn in favour of Director, Univ. Five Year Law College, Jaipur payable at Jaipur along with the registration form. (iii) No change in the names of the participants shall be permitted after the receipt of the Registration Form, except at the sole discretion of the Organizers. 1 P a g e

10 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) (iv) Teams should c l e a r l y m e n t i o n the participants n a m e, c o n t a c t no. Including year/semester of study. DRESS CODE Inside the court room the participant shall follow the below mentioned dress code. (i) Females: white salwar kurta & Dupatta or white shirt and black trousers along with black coat and tie. (ii) Males: white shirt, black trousers, black tie along with black coat and Black shoes. The dress code for all the functions at the competition shall be western formals for gentlemen and western or Indian formals for ladies COMPETITION ROUNDS There shall be two preliminary rounds, quarter finals, semi finals and a final round spreading over a period of 3 days. 1.Preliminary Rounds (i) In preliminary rounds each team shall argue from both the sides (appellant and respondent). (ii) No team shall face each other more than once in the preliminary rounds. (iii) Each team shall face a different bench in their each round of arguments. (iv) TOP EIGHT (8) teams shall move to the quarter finals on the basis of the Marks of the preliminary rounds (v) The team shall be credited with a win in a preliminary round if their round total is more than opposing team. (vi) The marks of the EAC H preliminary round shall be the cumulative total of the marks of both the speakers and the marks of the Memorial of the side in which they are appearing. (vii) The following criteria shall be observed in deciding teams which are to move in quarter finals. a. The teams that have TWO wins in preliminary rounds shall proceed to the quarter final.

11 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) b. In case less than 8 teams are able to score two wins then teams that have 1:1 win loss ratio shall advance based on their aggregate score in the Preliminary Round c. Teams that have TWO wins shall be given preference over those which have 1 win and 1 loss. d. In case of a tie between two or more teams, the aggregate total of the score of oral submissions of the speakers shall be taken into consideration. 2. Quarter Finals (i) Eight (8) teams shall compete in quarter final. Criteria for qualifying to quarter finals have been mentioned in previous clauses. (ii) It shall be a knock out round. The winner of each round shall move to the semifinal. Four (4) teams shall move to semi- finals. (iii) The criteria of marking in this round are aggregate total of the marks of both the speakers. (iv) In case of tie between teams, in quarter finals, the aggregate total of the marks of memorials (appellant or respondent) of the teams shall be counted. Team with highest marks moves ahead. 3. Semi Finals / Final (i) Four (4) teams shall compete in semi finals. The criteria of qualifying in semi finals have been mentioned in previous clauses. (ii) It shall be a knock out round. The winner of each round shall move to the Final. (iii) The criteria of marking in this round are aggregate total of the marks of both the speakers. (iv) In case of tie between teams, in semi finals, the aggregate total of the marks of memorials (appellant or respondent) of the teams shall be counted. Team with highest marks moves ahead. (v) There shall be one (1) FINAL ROUND. (vi) The marking criteria in Final Round is same as that of semi final (clause 3.(iii)) 3 P a g e

12 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) MEMORIAL (i) All teams m u s t submit Memorials / Written Submissions for both sides. (Appellant and Respondent) (ii) Participants are allowed to frame additional issues other than those provided in the moot proposition, if desired. (iii) All teams must submit typed Memorials for both sides and the Memorials must fulfill all the following specifications; (iv) (a) (b) (c) (d) (e) (f) (g) (h) Memorials must contain the following: Cover page / Cause title. Index. Index of Authorities. Statement of Jurisdiction. Synopsis of Fact. Summary of Arguments. Arguments / P leadings. Conclusion / Prayer. (v) The memorial shall not be of more than forty (40) pages and the Arguments shall not exceed more than twenty five (25) pages. (vi) The Memorial shall be typed on A4 size page in Font type : Times New Roman, Font size : 12, 1.5 line spacing & 1 inch margin on each side. (vii) The Cover Page of the Memorial must follow the following colour scheme, Blue for the Applicant Cover Page and Red for the Respondent Cover Page. (viii) The Memorial must be spiral bound ONLY. (ix) The Memorial must not contain any Annexure/Photographs/ Sketches/Exhibits/Affidavits etc. (x) Memorials that do not comply with the abovementioned specifications will be penalized. (xi) Soft copy of Memorials (appellant and respondent) s h a l l b e s e n t t o u f y l c r a n k a n a t i o n a l m o o t c o u r g m a i l. c o m o n o r b e f o r e 28 t h September till 5 : 0 0 P M. 4 P a g e

13 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) (xii) S ix (6) hard copies for each side (appellant and respondent) must reach the organizers latest by 5 th October, No memorials shall be accepted after the prescribed date. (xiii)two (2) hard copies from each side (appellant and respondent) shall be submitted by the teams on reaching at the venue of the Moot Court. (xiv) Identification of any type shall attract severe penalty. M ARKING CRITERIA FOR M EMORIALS (i) (ii) Memorial from each side shall carry total of hundred (100) marks. The following shall be the criteria for marking the memorials: Sr. Marking Criteria Marks allocated No. 1. Knowledge of Facts Knowledge of Law Proper and Articulate Analysis Evidence of Original Thought Grammar and S tyle Correct Format and Citation Extent and Use of Research Clarity and Organization 20 TOTAL : 100 (iii) A penalty of two (2) marks for each side of memorial shall be entailed on each days default in submissions of memorials. ORAL SUBMISSIONS (i) Each team shall comprise of two (2) speakers, as has been specified earlier. (ii ) Court language shall be English only. PRELIM INAR Y ROUNDS A. Each team will have a maximum of thirty (30) minutes to present their Oral Submissions in Preliminary Rounds. This includes the time the speaker addresses the Court during the rebuttal/sur-rebuttal. B. No speaker will be permitted to address the Court for more than seventeen (17 minutes). 5 P a g e

14 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) At the commencement of each session of Oral Submissions each team shall notify the Court Officer as to the division of time between the 2 speakers. C. The maximum time for rebuttal/sur-rebuttal is five (5) minutes. QUARTER FINALS, SEM I FINALS AND FINAL ROUND A.The maximum time allotted in quarter finals, semi finals and final shall be forty five (45) minutes for each team. This includes the time the speaker addresses the court during rebuttal/sur-rebuttal. B. No speaker shall be allowed to address the court for more than twenty five (25) minutes. At the commencement of each session of Oral Submissions each tea m must notify the Court Officer of the amount of time that the team reserves for their rebuttal/sur-rebuttal. C. A maximum of 5 minutes can be reserved for the rebuttal/sur-rebuttal. (iii) If any speaker continues to speak after the completion of his/her time, he/she shall entail penalty which shall be upon the discretion of the judges. (iv) The final decision as to the time structure and the right to rebuttal/sur-rebuttal will be that of the Bench Judges. (v) During the course of oral submissions the participants cannot submit to the court any material containing pictorial representation whatsoever. Further the participants will not be permitted to make any audio/visual representation nor will they be allowed to use personal computers, laptops and any other technical or mechanical device during their oral submissions. (vi) Speakers shall not be allowed to pass annexure to the judges; instead the teams may make a compendium of annexure that shall be given to the judges before the start of proceedings. (vii) If at any instance a submission is made with any material in violation to the above clause and if any picture, sketches, photos, cartoons, caricatures, audio film, video film, projector-slide or a computer generated image is submitted or presented to court, the teams shall be disqualified from the competition forthwith. (viii) During the course of the Oral Submissions no speaker shall neither reveal his/her identify nor the identity of their University / College by any means whatsoever. 6 P a g e

15 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) M ARKING CRITERIA FOR THE ARGUM ENTS (i) Each Speaker will be marked on a total of 100 marks by each Bench Judge. (ii) The following will be the Marking Criteria and the Marks allocated to each Speaker by each Judge in the Round: Sr. Marking Criteria Marks allocated No. 1. Appreciation and Application of Facts Identification and Articulation of Issues Application of legal principles Use of authorities and precedents Response to questions Presentation skills Clarity of thoughts and logical structure of 10 Arguments 8. Poise and Demeanor Strategy Ingenuity 10 TOTAL : 100 (iii) final. The decision of the judges as to the Marks allocated to any team shall be AWARDS Winning Team Award : The winning team will receive a trophy and a cash prize of 10,000/-. Runners-Up Award : The 1 st runners up will get a trophy and a cash prize of 6,000/-. Best Student Advocate: Best student advocate will get a trophy and cash prize of 3,000/-. Second Best Student Advocate get a trophy and cash prize of 2,000/-. Best Memorial award will get a trophy and cash prize of 3,000/-.

16 Certificate for participation will be given to all the participants. 7 P a g e

17 8th FYLC RANKA NATIONAL MOOT COURT COMPETITION 2018 (13th 15th October 2018) MISCELLANEOUS i. No team or any of its members or anyone connected with any team will be permitted to sit or hear the arguments in any court room in which that team is not one of the contesting teams while that team is competing in the competition. For the violation of this rule strict action may be taken against the team, even ranging to the disqualification of the team from the competition. ii. If there is any dispute in regard to the interpretations of the rules or with respect to any matter related to the competition which is not contemplated in the ru les, the decision of the Organizers shall be binding and final. Note: Organizers will provide lodging and boarding facilities only from 12 th October to 15 th October 2018.