Moot court excersise

BKS PRAKASH (Querist) 03 July 2014 This query is : Resolved
MOOT COURT PROBLEM NO. 3

Rangarao is a watchman at textile factory at Tirupathi managed by two partners Mr. Rajesh and Mr Suresh aged 49 years and 47 years respectively. He was drawing Rs 4000/- as salary. His family consists of his wife, three daughters, two sons and an ailing mother. The family’s financial position was not very sound. It was difficult for him to manage his family and ailing mother with the meager salary that he was drawing. Rangarao requested his employers to employ his wife somewhere so that they would be able to meet their expenses. Rajesh asked Rangarao to bring his wife along with him one day so that, he would meet her and decide whether he could employ her. One fine day on 1st January 2012, Rangarao took his wife Vijayamma to meet Mr Rajesh. Vijayamma though from a poor family and very simply dressed but was considerable presentable and therefore Mr Rajesh appointed her for housekeeping and offered her Rs 3000/-. Her timing was from 8am to 8pm. Rangarao and Vijayamma readily agreed as it would improve their financial situation. Vijayamma proved to be good worker thus Mr Rajesh assigned her the upkeep of his office and attached restroom. This provided lot of opportunities for close interaction. Initially one the pretext of appreciation of her work Mr Rajesh bestowed upon Vijayamma some gifts. This brought them closer. After some time Mr Rajesh started showing interest in developing a physical relation with her. Vijayamma did not object as she feared that she would lose her job and it would lead to financial hardships at home. So, steady relationship developed between them. The fact of this relationship was known to the partner Suresh and her husband.

One day the eldest daughter of Vijayamma, Geeta aged 16 years came to meet her mother at her work place. Her mother was not around but Mr Rajesh and Mr Suresh were in their office. When she went in to inquire about her mother they passed some sexually colored remarks as the flower is bloomed for the beetle to suck honey, etc. The girl got bit scared and complained to her mother. Her mother asked her to keep the matter a secret and not to mention about it to anyone. In fact she scolded her for going there.

Few days later Mr Rajesh and Mr Suresh called Rangarao, and offered to employ his daughter on work. Rangarao readily agreed as this would improve their financial situation. Geeta started to work from 1st October 2012. Very soon Vijayamma was shifted to other unit to work and Geeta was assign to clean the office and the adjacent rest room. From the day one both the partner would pass lewd comments of which Geeta was very unvomfortable. He was not able to share her situation with her father but she did bring the matter to the notice of her mother. Vijayamma was in dilemma . she feared that she shared her concern all would lose job and her marriage would also be at stake. She was unable to take any concrete decision.
On fine day on 27th October 2012 both the partners called Vijayamma and asked her to take her daughter Geeta home, who was in the rest room. They thrust a bundle of 100 Rs notes in to her hand and asked her to manage things. When she went into the room she saw her daughter unconscious and profuse vaginal and anal bleeding. Vijayamma somehow managed to take her daughter to the doctor. Geeta was treated for her injuries. Geeta’s mother encouraged Geeta to share with doctor that Mr Rajesh forcefully had sexual intercourse with her in presence of Mr Suresh and Mr Suresh assisted him in the act. Mr Suresh though attempted but was not able to have sexual intercourse with Geeta in frustration he picked up a knife lying across and inserted in Geeta’s anus causing deep injuries. Condition of Geeta disturbed her mother. She happened to know an NGO representative by name Ramu who worked for women’s cause in their locality. She met him and shared her problem. NGO representative, Ramu encouraged Vijayamma to file an FIR.
On the basis of investigation, Tirupathi police filed a charge sheet against Mr Rajesh and Mr Suresh. They were alleged to have committed offence under sections 354 A, 354B, 376, 509 of IPC and under section 4 of the protection of Children from Sexual Offences Act, 2012. During the trial it was argued that the girl belonged to scheduled caste and the accused belonged to higher caste hence it is very unlikely that they have committed the offence. The Trial Court found them guilt and convicted them.
Being aggrieved by the conviction, they preferred an appeal to the High Court of Andhra Pradesh.

Dear Sir,
Please help me how to debate this case in moot court.

regards/bks prakash

Follow Query

Report Abuse