People For The Education and Protection of Children (PEPC), South Vidula v. State of South Vidula

CITY LAW COLLEGE
A PROBLEM ON MOOT COURT
CASE: People for the Education and Protection of

Children (PEPC), South Vidula v. State of South
Vidula
CLINICAL COURSE- 6:5
SUBMITTED BY:
Echungthung Ovung
LLB 6TH SEMESTER
SUBMITTED TO:
SIR TONGPANGKUMBA IMCHEN
DATED:
Table of Contents
1. FACTS OF PEOPLE FOR THE EDUCATION AND PROTECTION OF
CHILDREN V. STATE OF SOUTH VIDULA
2. ISSUES IN PEOPLE FOR THE EDUCATION AND PROTECTION OF
CHILDREN V. STATE OF SOUTH VIDULA
3. ARGUMENTS:
4. ISSUE I
5. ISSUE II
6. ISSUE III
7. BRIEF ANALYSIS OF CIRCUMSTANTIAL EVIDENCE WITH REFERENCE
TO ISSUE IV:
8. CONCLUSION:
IN THE HON’BLE HIGH COURT
SOUTH VIDULA: VIDULA
A WRIT PETITION IN PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 AND 227 OF THE
COSTITUTION OF VIDULA SEEKING AN APPROPRIATE WRIT FROM THIS HON’BLE COURT
WRIT PETITON (CRL) NO. ______________
IN THE MATTER OF :
PEOPLE FOR THE EDUCATION
AND PROTECTION OF CHILDREN
(PEPC), SOUTH VIDULA
………………………Petitioner
-VERSUS-
STATE OF SOUTH VIDULA
……………………Respondent
IN THE MATTER OF :
AN APPLICATION UNDER SECTION
OF JUVENILE JUSTICE ACT, 2012
STATEMENT OF FACT
Facts of People for the Education and Protection of Children(PEPC), South Vidula v.
State of South Vidula:
1. Sam, a 12year old boy whose body was found in the woods surrounding Pluto district of South Vidula on
the 9th of January, 2013, 2 days after he went missing was murdered.
2. On the morning of 6th of January 2013, Sam’s mother along with his father approached BB Nagar
Police to file missing report about Sam.
3. The police launched a manhunt and after two days i.e, 9 th of January the body of Sam was found
in the woods around Pluto.
4. An autopsy revealed that he had severe injury on the head, primarily the result of blunt force
trauma caused by repeated beating with hard blunt object on the skull. His face was entirely
disfigured and could only be identified by his clothes and school ID in his pant pocket.
5. Autopsy also showed signs of struggle, several bruises on the body, foot marked shaped bruises,
internal hemorrhage and blood loss.
6. No evidence was found, no suspects were arrested and the matter receded.
7. Forensic experts recovered a stone, where the body has been found, with blood that matched with
Sam’s. The brutal murder was picked up by the media. People calling the culprits to be brought
and to be caught as soon as possible.
8. On the night of the 5th Jan 2013, at around 7 PM, the Baccha Gang met Sam at Kila Laal tea stall.
After a brief talk, they all left, going towards the woods that were on the outskirts of Pluto.
9. Amar, Akbar, Anthony and Surjeet have grown in tough conditions in Pluto District of South
Vidula and the four of them were infamously known as the “Baccha gang” as they were growing
up.
10. Amar and Anthony have never known about their father. Akbar belongs to a abusive household,
where he was always beaten up by his drunken father and Surjeet has grown on streets, fighting
for meal, he was in and out of a few orphanages till age of 10 after that he lived in streets. All
four guys met in a local playground and instant friendship. They were infamously known as
“Baccha Gang”.
11. They loved football, so they had started playing football at the local Maidan together. Soon they
started spending time together. Slowly they began spending time on consuming alcohol and
moved on cheap drug.
12. Sam initially had no idea that. He could be seen playing with that gang. Sometimes he steals
money from his mother’s purse and give them. He stopped going to school and would spend time
with them. They have taught him how to smoke and drink.
13. .In 2013, by the time they were notorious gang who committed several petty offences in order to
fund their drug habit.
14. In 2012 Sam joined their gang. He started liking the four members of the gang and became
friends.
15. On the date of murder, Amar was 18 years 12 days old, Akbar was 17years 350 days old,
Anthony 17 years 5 days old and Surjeet was 16 years 200 days old.
16. On June 21st 2015, Amar was arrested on charge of robbery, during the search a notebook
belonging to Sam and a few photos of Sam and his family were recovered from his residence.
Finding this sufficient to question him as a suspect. After a long time of questioning by the police
and forced to answer about the night of the murder of Sam. It was found that the Baccha Gang
was last seen with Sam and they left the woods together.
17. By June 2012, Sam had realized “Baccha Gang” involved in criminal activity and the full extent
of the “Baccha Gang” activities and was not comfortable with them. Thus, he started distancing
himself from the gang.
18. By June 2012, Sam had realized “Baccha Gang” involved in criminal activity and the full extent
of the “Baccha Gang” activities and was not comfortable with them. Thus, he started distancing
himself from the gang.
19. Amar the eldest of all didn’t take this nicely, he told the rest of them that they needed to make
sure Sam learned a lesson
20. The petitioner People for the Education and Protection of Children (PEPC) has filed a Public
Interest Litigation against the South Vidula within the jurisdiction of Hon’ble High Court.
ISSUES IN PEOPLE FOR THE EDUCATION AND PROTECTION OF CHILDREN
(PEPC), SOUTH VIDULA V. STATE OF SOUTH VIDULA:
1. Whether The Appellants Were The Assailants Who Had Murdered The Young Boy?
2. Whether The Appellant Had A Motive To Commit The Alleged Crime?
3. Whether The Accused Persons shall be tried under Section 302 of the IPC?
4. Whether This Case Establishes The Statement Of Circumstantial Evidence To Be
Admissible In The Court Of Law?

People For The Education and Protection of Children (PEPC), South Vidula v. State of South Vidula

Uploaded by

Copyright:

Available Formats

People For The Education and Protection of Children (PEPC), South Vidula v. State of South Vidula

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

People For The Education and Protection of Children (PEPC), South Vidula v. State of South Vidula

Uploaded by

Copyright:

Available Formats

CITY LAW COLLEGE

A PROBLEM ON MOOT COURT

CASE: People for the Education and Protection of

CLINICAL COURSE- 6:5

himself from the gang.

2. Whether The Appellant Had A Motive To Commit The Alleged Crime?

4. Whether This Case Establishes The Statement Of Circumstantial Evidence To Be

Admissible In The Court Of Law?

You might also like