CLINICAL COURSE-IV: MOOT COURT EXERCISE AND INTERNSHIP

MOOT COURT EXERCISE – II

Surdarshan&ors
v
State of Karnataka
MOOT PROPOSITION:
Mr Basappa Rao was a 50 year old man who was a farmer by occupation.
He had a son and 2 daughters and was staying with his wife in Amoga a small village
in State of Karnataka. He belonged to a middle class family and struggled a lot to
bring up his children He loved his elder daughter Akshara 24 alot since she was his
first child in his family. She was very intelligent girl and obedient but short tempered
use to get angry at trifle matters. She loved her family alot since she was the eldest
was more responsible than her other siblings she got all the care and attention right
from her childhood. She had completed her Bsc in biotechnology Her father had
selected a groom for her Mr Sudarshan 30 who was a electrician in a government
owned railway company. Both the parents of bride and groom agreed to get the
couple married. Accordingly their marriage was solomonized as per Hindu rituals
on 29-04-2012. The father of the bride gave many gifts to the bride seeing that her
mother in law was so happy. Six months after the marriage she came to maternal
house alone when the parents asked about her husband she said he does not have
leave. She spent good time with her parents and siblings happily and she use talk to
her husband over phone for long duration. She went back to her husband house and
time flew. Her husband took her on a date on their first marriage anniversary. One
fine day her mother in law said “My sisters daughter in law is expecting it is not
even six months to their marriage and here in our house People are incapable to bear
a child”. Listening to this Akshara got so annoyed and started crying she was in
anger and disguise. Few years later she went to her maternal house again alone and
told her mother that she wants money to buy a new house. Her mother conveyed the
same thing to her husband. Basappa went to Akshara and told her that now he does
not have money and he will give it once the harvesting is overlistening to this she
said was very much upset and sat alone in the room all day . she left for her in laws
house two days later. In her in laws house people started taunting about the fact that
she is unable to get pregnant she was upset about this. On 1-05-2018 neighbours of
Sudarshan house could hear quarrels from the house and saw Akshara coming out
of the house sobbing.On the same day in the evening Basappa came to meet her and
pacified her and he a long conversation with his son in law. On 10-05-2018 Akshara
consumed Aluminium Phosphide a pesticide used to kill insects while she alone at
home when Sudarshan’s mother came back from the market she saw Akshara lying
on the floor with blood on the floor . She was immediately taken to the hospital
where she was declared dead at 10 am in the morning . Sudarshan went and met
Basappa at his home in the evening at 6 pm told him that his daughter has committed
suicide by consuming poison and asked him come for cremating the dead
body.Basappa was completely shattered by this and he fainted after hearing this. On
25-05-2018 he files a complaint against the in laws of his daughter ..
FIR has been lodged under section 306,498 A IPC

Issues
1. Whether the accused are liable for abetment to suicide
2. Whether there is dowry harassment on the wife
3. Whether the accused are liable for domestic violence

Disclaimer: This problem is hypothetical and has been framed purely for academic purpose only.

GENERAL INSTRUCTIONS:
1. The Moot Court is compulsory for all the students. It will be conducted on 11-08-2022 & 12-
08-2022
2. This Moot Court exercise carry 10 marks, which will be divided as under:
➢ For oral advocacy (Oral Arguments) : 5 Marks
➢ For written submission (Memorial) : 5 Marks
3. General Rules for the submission of Memorial:
3.1. Memorial is required to be submitted only for one party. Each student shall write a
Memorial either as a Plaintiff/Petitioner OR Defendant/Respondent as per the sides
allotted to them. Sides allocation list will be circulated in WhatsApp group.
3.2. All Memorials must be formatted in accordance with the Sample Memo available in the
Library.
3.3. The Memorial should be Hand-Written. The hand writing must be neat and legible.
3.4. Students should use only A4 Sheets having borders and only one side of the each sheet
shall be used for writing.
3.5. The Memorial must Contain the following:
• Cover Page
• Table of Contents
• List of Abbreviations
• Index of Authorities
• Statement of Jurisdiction
• Statement of Facts
• Issues Raised
• Summary of Arguments
• Arguments Advanced
• Prayer
• Annexures (Optional)
3.6. The Cover Page of the Memorial shall indicate the following details:
▪ Name of the College : AL-AMEEN COLLEGE OF LAW (416)
▪ Name of the Student : ………………………………………
▪ Course : ……………………………………………………..
▪ Registration Number : ………………………………………
 ▪ Subject : CLINICAL COURSE-IV: MOOT COURT EXERCISE AND
NNNNNNNINTERNSHIP: MOOT COURT EXERCISE-II
▪ MEMORANDUM ON BEHALF OF THE …………………
3.7. The Memorial shall be stick filed or stapled. Avoid binding as it has to be done during the
time of final submission of Practical Record on the day of Viva.
3.8. The Student should bring the Original Memorial along with two photocopies of the same
on the date fixed for oral arguments and shall get the signature of the Principal and Course
Teacher. One photocopy shall be submitted to the Course Teacher and the original shall
be kept by the student with himself/herself safely to maintain Practical Record which shall
be submitted on the day of Viva.
4. General Rules for the submission of Oral Arguments:
4.1. Each student has to submit their arguments either on behalf of the Plaintiff/Petitioner OR
Defendant/Respondent as per the sides allotted to them.
4.2. The student may present his/her arguments either in English or in Kannada.
4.3. Each student would be given 15 minutes to present their oral arguments. Judges may, at
their discretion extend oral argument time, up to a maximum of 5 minutes.
4.4. Relevant Annexures may be kept by the student and may be used during oral arguments,
if necessary.
4.5. The oral performance will be evaluated on the basis of communication skills, application
of facts, persuasion / use of authorities, and response to questions.
5. Dress Code: The students must come in full uniform along with blazer.