MOOT PROBLEM – 11

Rekha, an eighteen-year-old girl was a student of 12th class. She belonged

to a lower middle class family. Her father used to work as a clerk in a
private firm. She had always been an ambitious and a very bright student.
To support her father she used to give tuitions. Ranjeet, Accused No.1,
math’s teacher of Rekha in her school secretly developed emotions for
her. Rekha had always admired him as her teacher. On Rekha’s 18th
birthday Ranjeet organised a birthday party for her at his house and gifted
her an expensive watch. Unaware of Ranjeet’s feelings Rekha accepted
the same.
On 14th Feb 2023, Ranjeet proposed to Rekha for marriage. Rekha ,
however, told him to speak to her parents regarding the same. On 20th
Feb Ranjeet approached her parents with the proposal. However, they
rejected his offer and warned him not to contact her anymore as they did
not want that there should be any kind of distraction to their daughter as
her XII boards were approaching. They strongly admonished Rekha and
threatened that they will discontinue her studies.
Thereafter she started avoiding Ranjeet. On one occasion Rekha also
made it clear to him that she will not go against the wishes of her parents
and asked him not to follow her anymore. Despite the disinterest shown
by Rekha, Ranjeet continued to follow Rekha to her tuition classes and
contacted her personally, on phone and through internet, believing
that all her actions were under pressure from her parents.
Rekha reported the same to her parents. The parents rebuked him for his
unwarranted acts. He, however, tried to convince them about his feelings
for her and further stated that he wanted to marry her. They beat him and
asked him to leave.
Enraged with the feeling of dejection, Ranjeet went to Mahesh in whom he
always confided and narrated the whole thing. Mahesh, aged 45, has
always supported Ranjeet, who was residing with him, ever since his
parents died in a road accident in 2000. Mahesh, who had always treated
Ranjeet as his son, could not bear the pain of Ranjeet. Mahesh suggested
to Ranjeet that he should find Rekha alone and take her to the temple for
marrying her without information to her parents. In case Rekha would
offer any resistance due to parental pressure, Mahesh will threaten her
with a bottle of acid to pressurise her to come with them to the temple.
Ranjeet, who was initially reluctant, agreed to the plan on the condition
that no harm will be caused to Rekha and bottle of acid will only be used
as a tool to threaten her for compliance to their wishes.
On 2nd July, 2023 as per the plan, finding Rekha passing on a lonely road,
Ranjeet and Mahesh, who were waiting for Rekha, got out of the car.
Ranjeet approached Rekha and asked her to accompany him to the
temple so that they can get married. On Rekha’s refusal, Mahesh carrying
the bottle of acid, threatened Rekha. Ranjeet started dragging her into the
car.
Rekha started shouting loudly. To teach a lesson to Rekha, Mahesh opened
the bottle and threw the acid on her face and then both Mahesh and
Ranjeet fled away in the car belonging to and driven by Mahesh leaving
the girl in immense pain. The girl was taken to the hospital by some
passerby. The doctor immediately conducted the surgeries and opined
that the injuries were grievous. FIR was lodged. Statement of Rekha was
recorded.
A case was registered against both the accused under Sec 326A r/w Sec
34 IPC, 1860 and Ranjeet was also charged under Sec 354D, IPC. Mahesh
absconded and was declared a proclaimed offender while Ranjeet was
arrested by police from his home and the bottle of acid and car, used in
the crime, were seized from his possession. After investigation, he was put
to trial before the Sessions Court, where he pleaded not guilty and
claimed trial.
Sessions Court convicted Ranjeet under section Sec 326 A r/w Sec 34 IPC
and sentenced him to 10 yrs of rigorous imprisonment. He was also
asked to pay compensation to Rekha to the tune of Rs 2,00,000/- to be
paid immediately. He was also awarded rigorous imprisonment for 2
years under Section Sec 354D, IPC. Both the sentences were to run
concurrently.
Accused, aggrieved by the aforesaid judgment, appealed before the High
Court seeking acquittal.
Whereas, State filed appeal for demanding life imprisonment and also the
enhancement of the amount of compensation taking into account the
following facts:
- Rs 6.5 lakh have already been spent on the 6 major surgeries
done till date;
- 10-15 surgeries still need to be done;
- Despite various surgeries Rekha has permanently lose her left
eye vision;
- Permanent scars not only on the skin of her face and hands will
remain but also deep inside her memory which will adversely affect
her future prospects;
- Her father was a clerk in a private firm which dismissed him after he
went on a leave for her treatment. Now he is jobless. There are two
other sisters of Rekha who also need to be supported.
High court adjudicated in favour of the accused by acquitting him from the
charges under Section 326A r/w Sec 34 and under Sec 354D IPC and
dismissed the appeal of the state, being bereft of any substance by
holding that under the circumstances of the case the trial court had
wrongly held the accused liable under Sec 326A r/w S. 34 IPC as no
common intention to commit offence of Acid Attack under Section 326A
could be proved. The High Court held that the offence of stalking under
Section 354 D was also not made out against the accused. The High Court,
however, recommended the District Legal Services Authority to decide
upon the quantum of compensation to be awarded by the State
Government to the victim as per relevant provisions of the CrPC within
one month.
Aggrieved by the said judgment of the High Court acquitting the accused,
the State filed an appeal before the Supreme Court on the ground that
High Court has failed to take notice of the fact that common intention was
present as Ranjeet and Mahesh have agreed to the use of bottle of acid in
their plan of abduction. Acid was thrown in furtherance of that
common intention. The state appealed for considering the offence as
heinous and to award life imprisonment under Section 326A r/w Sec 34
and Sec 354D and also to enhance the compensation awarded by the
Sessions Court to be paid by the accused to the victim under Section
326A, IPC, in addition to the compensation to be paid by the State
Government under relevant provisions of CrPC. The State also sought
permission for addition of charge under S.366 IPC.
Memorial is required to be filed only for one party. The date and time for
submission of memorial and oral arguments will be decided by the
teacher.

Relevant Sections
- S326A IPC- acid attack
- S34 IPC- joint liability criminal acts committed in furtherance of
common intention
- S354D IPC- stalking
- S366 IPC- kidnapping/ abducting woman with intent to compel
marriage to person against will