BBALLB IX- PRACTICAL PAPER III (MOOT COURT, PRE TRIAL

PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS)

WRITTEN MEMORIAL FOR MOOT COURT (No.)

BEFORE

THE HON’BLE SUPREME COURT

CRIMINAL APPEAL NO. OF 2024

BETWEEN

IN THE MATTER OF

STATE OF ANDHIYA PRADESH

(APPELLANT)

VERSUS

SAGAR AND ORS

(RESPONDENT)

SUBMITTED BY:
NAME- RISHI KUMAR BHARJATIYA,
NITISH GARG
CLASS- 9-A
ERP ID- 0191BBL050,
0201BBL052
 TABLE OF CONTENTS

 LIST OF ABBREVIATIONS

 INDEX OF AUTHORITIES

 STATEMENT OF JURISDICTION

 STATEMENT OF FACTS

 STATEMENT OF ISSUES

 SUMMARY OF ARGUMENTS

 ADVANCED ARGUMENTS

 PRAYER
 LIST OF ABBREVIATIONS

 IPC: Indian Penal Code

 AIR: All India Reporter
 SCC: Supreme Court Cases
 CrPC: Code of Criminal Procedure

 FIR: First Information Report

 INDEX OF AUTHORITIES

 Statutes

 Indian Penal Code, 1860

 Code of Criminal Procedure, 1973

 Emperor vs. Abdeil, (1886) ILR 10 Bom 292

 Public Prosecutor vs. Paramhamsa, AIR 1934 Mad 194
 State of Orissa vs. Khora Ghasi, AIR 1959 Ori 183
 R v. Tolson, (1889) 23 QBD 168
 Ratanlal & Dhirajlal, The Indian Penal Code, 35th Edition
 STATEMENT OF JURISDICTION

This appeal has been filed before the Hon’ble Supreme Court of India under Article 136 of
the Constitution of India, challenging the judgment passed by the High Court of Vindhya
Pradesh. The High Court acquitted the Respondents based on the defense of mistake of fact
and the absence of criminal intent, which warrants judicial examination to ensure the correct
application of law in the present case.
 STATEMENT OF FACTS

1. Uday Shetty, a 25-year-old urban explorer, is fascinated by abandoned places and often
document his explorations on social media. One evening, Uday Shetty along with his
driver Sagar Bhai decided to explore an abandoned school located in the outskirts of a
small town. He researched about the school more and found one such school in village
Bundeli. The school had been abandoned for over 20 years, with locals claiming that it
was haunted by the spirit of 10 former students who died under mysterious circumstances.
Both of them decided to visit this school and they started their journey to village and
reached village at around 6pm and tried to locate the said school. Upon entering the
school, both of them felt an eerie presence and heard strange noises. While exploring the
building, Uday saw a shadowy figure in the hallway, which he believed was the ghost.

2. Large amount of school furniture, fans, and other necessary material of school was still
lying inside the school premises and large quantity of valuable scrap is collected. The
owners of school left two Chowkidars namely, Bikram and Vijay with a view to prevent
pilferage by unauthorized persons.

3. The school area is surrounded by many tribal villages which are inhabited mostly by Deli
tribe, which is an uneducated and orthodox tribe. The tribes have a very strong belief in
existence of ghosts and the abandoned school earned notoriety in that area as being
infested with ghosts.

4. After encountering unnatural vibes in the school, they did not go further inside and came
out of the school. Uday and his driver were not feeling well after visiting school and long
journey. Thereby they decided to stay at night in nearby homestay owned by Rajiv, along
with his son Lucky. Uday and Sagar decided to have dinner with Rajiv and Lucky. On the
dinner table they discussed about the abandoned school. Rajiv and Lucky told them that
the legend of the school’s haunting has been deeply ingrained in the local community. In
addition to the ghostly figure, the villagers believe that two witches, Ms. Kimie and Ms.
Genie, reside within the abandoned school. According to local lore, these witches are
malevolent spirits who control the ghost of the young students and guard the school
against intruders. The witches are said to appear as shadows or figures cloaked in
darkness, often seen only out of the corner of one’s eye. It is believed that these witches
were responsible for the mysterious death of the students and that they have since cursed
the building, trapping the student’s spirit inside. Villagers recount numerous incidents of
unexplained phenomena around the premises. Some claim to have seen a ghostly figure,
 often described as a young girl, wandering the school’s halls late at night. Others speak of
strange sounds, like whispers and footsteps, that can be heard even when the building is
deserted. Several villagers have reported feeling an inexplicable chill or being
overwhelmed by a sense of dread when near the school.

5. These stories have been passed down through generations, creating a pervasive belief that
the school is indeed haunted. In fact, many locals avoid the area altogether after dark,
fearing an encounter with the supernatural. Despite the absence of any concrete evidence,
the tales of the school’s ghostly presence have become a significant part of the town’s
folklore.

6. On knowing that Uday and Sagar document the abandoned places, both Rajiv and Lucky
assure them that they can help them make ghost videos and take pictures of the school for
their social media likes and followers. Uday Shetty and Sagar got excited and decided to
go to school again with Rajiv and Lucky. Uday Shetty showed his anxiousness and
excitement to see ghosts, then Rajiv told that there is a deep-rooted belief in a
phenomenon known as "Moon Night." Occurring once a year, Moot Night is considered
the most potent time for supernatural activity. According to local lore, it is a night when
the veil between the living and the spirit world is at its thinnest, allowing ghosts and
spirits to freely roam the earth. The villagers, who have passed down these beliefs for
generations, claim that the spirits of the departed return to the places they once knew,
seeking to communicate with the living or to resolve unfinished business. The air on
Moot Night is said to be thick with an eerie energy, with strange winds rustling through
the trees and a sense of foreboding hanging over the village. It's a night when even the
bravest souls refuse to venture outside, and the village streets are deserted. Families
huddle inside their homes, lighting candles and reciting prayers to ward off any
malevolent spirits.

7. Relying on the statements of Rajiv, Uday Shetty and Sagar agreed to travel with him at
night back to the school so that they could make ghost videos. All four of them thereafter
initiated their on foot journey with torchlight in their hands to the abandoned school
through a foot-path across the village and school. Lucky suggested everyone to keep
lathis or sticks in their hand for their protection in case some ghost attacks them.
Everyone agreed with Lucky.

8. Aryan, a 16 year old boy living in a house next to Rajiv homestay overheard all of
them talking and going to school premises. Aryan Mehta, a 16-year-old boy, used to
live in a remote village in Uttarakhand, known for its deep-rooted belief in
supernatural entities. Raised in a family that strongly believed in the existence of
ghosts and spirits, Aryan was often told stories of hauntings by his grandmother,
 who claimed that their ancestral home was inhabited by the spirit of a wronged
woman.

9. Over time, Aryan became deeply influenced by these stories. He often heard strange
noises at night, which he attributed to the ghost, and his school performance started to
deteriorate due to his constant fear and anxiety. Despite his parents’ reassurances, Aryan
remained convinced that the ghost was real and meant to harm his family. With a hope,
that Aryan’s performance will improve, his family shifted to village Bundeli but Aryan’s
fear continued. In Bundeli, Aryan’s belief in the ghost was reinforced by his friend,
Lucky, a 17-year-old who shared similar beliefs. Lucky often told Aryan that he had seen
the ghost himself and warned him to be vigilant. He even suggested that Aryan should
keep an iron rod by his bedside, as iron was believed to ward off evil spirits. Lucky’s
repeated warnings and stories further heightened Aryan’s fear.

10. On that evening, Aryan was home alone while his parents had gone to attend a village
gathering. It is at this time when Aryan decided to go to school premises along with all
four of them to teach ghosts a lesson. Remembering Lucky's warnings and convinced that
its the time to end the ghost, Aryan grabbed the iron rod that Lucky had advised him to
keep nearby.

11. All five of them thereafter initiated their on foot journey with torchlight in their hands to
Bundeli village through a foot-path across school area. While passing through the
premises they noticed a flickering light at distance of about 400 meters from path-way.
Strong wind was blowing and the movement of the light in that breeze created in them an
impression that it was not an ordinary light but some strange power and image. They also
found some apparitions moving around the flickering light. They thought that some
ghosts were dancing around the light and coming to attack five of them.

12. As they were moving forward, Uday Shetty and Aryan got too scared. Uday
Shetty directed Sagar to attack the ghost and save him else Sagar will be fired
from the job. Sagar then reached first with his 'khukhri' in hand and Aryan with
iron rod and began to attack ghosts indiscriminately. Lucky arrived there some
time later, and started shouting that these are not ghost but ladies of the village
only however Sagar did not notice Lucky nor could hear him shouting and strike
one of his Khukuri blows to Mr. Lucky causing severe injury. In pain Lucky
screamed loudly that Sagar had injured him. In the mean time other injured
persons also raised a cry of distress and only after hearing so many cries Sagar
stopped attacking the people. It was subsequently discovered by all of them that the
apparitions that Sagar attacked were actually some female of the Bundeli village known
to Mr. Rajiv, who were there for some ceremony under the pepal tree at night with
 lantern, which ladies perform after visiting Kali Mata temple for fulfilling a local tribal
ceremony, which was a common practice and was done on every full moon night by the
ladies of Deli tribe.

13. In consequence of indiscriminate attack with his 'Khukhri' one Ritu was killed, and three
other females namely Renu, Geru and Peru were grievously injured
 STATEMENT OF ISSUES

1. Mistake of Fact: Whether the Respondents are entitled to the defense of mistake of fact
under Sections 76 and 79 of the IPC, which exonerates individuals who act under a
genuine misunderstanding of circumstances.

2. Criminal Liability: Whether Uday Shetty can be held criminally liable for Sagar’s actions,
given that he did not actively participate in or encourage the incident.

3. Nature of Injuries: Whether the nature of injuries inflicted by Sagar constitutes attempted
murder or should be classified under a lesser charge due to the absence of mens rea.

4. Self-Defense: Whether the actions of Sagar and Aryan can be justified as self-defense,
given their belief that they were threatened by supernatural forces.
 SUMMARY OF ARGUMENTS

Issue 1: The Respondents acted under a genuine mistake of fact, believing they were
defending themselves from supernatural entities. As such, they are entitled to the protections
provided under Sections 76 and 79 of the IPC.

Issue 2: Uday Shetty cannot be held criminally liable for Sagar’s actions as he did not
instruct or encourage any harm against the women; Sagar’s actions were spontaneous
reactions driven by fear.

Issue 3: The nature of the injuries inflicted by Sagar should be classified under a lesser
charge due to the absence of intent to kill; thus, it cannot be classified as attempted murder
under Section 307 IPC.

Issue 4: The actions of Sagar and Aryan should be viewed under the lens of self-defense, as
they believed they were defending themselves from a perceived threat.
 ARGUMENTS ADVANCED

Issue 1: Mistake of Fact under Sections 76 and 79 IPC:-

 Mistake of Fact: The Respondents were acting under a genuine belief that they were in
danger from supernatural entities. This belief was influenced by local legends and their
surrounding environment, which contributed to their misunderstanding.
 The law recognizes that individuals should not be punished for actions taken under a
misapprehension of fact, as long as it is genuine and reasonable. Sections 76 and 79 of the
IPC clearly outline that actions taken under a mistake of fact are not punishable if the
person acted in good faith, believing in the existence of facts that would have made their
actions legal if they had been true.

Relevant Case Law:-

 In State of Orissa v. Ram Bahadur Thapa, the Supreme Court acquitted a man who, under
the belief that he was defending himself from a ghost, killed another person. The principle
of mistake of fact applies directly to this case, supporting the Respondents’ defense.

Issue 2: Criminal Liability of Uday Shetty:-

 Lack of Direct Participation: Uday Shetty should not be held criminally liable for Sagar’s
actions, as he did not encourage or instruct any harmful behavior. The actions were taken
by Sagar independently and were a spontaneous reaction driven by fear, not a planned
assault.

Relevant Case Law:-

 In State of Rajasthan v. Kalyan Singh, the court ruled that an individual cannot be held
liable for the actions of another unless it is shown that they actively participated or
instructed the commission of the crime. In this case, Uday’s actions did not constitute
incitement or direct involvement in the attack.
Issue 3: Classification of Injuries:-

 Absence of Mens Rea: The injuries caused by Sagar must be evaluated within the context
of his state of mind at the time of the incident. The evidence indicates that he acted in a
panic-stricken manner without the intention to kill or cause grievous harm.
 Under Section 307 IPC, the distinction between murder and attempted murder hinges on
the presence of mens rea. Since Sagar believed he was acting to protect himself and his
friends from an imagined threat, his actions should not warrant the severe label of
attempted murder but rather a lesser charge based on recklessness.

Relevant Case Law:

 In Pratap Singh v. State of Jharkhand, the Supreme Court emphasized that when an
accused lacks the intention to kill, the charge may be reduced to a lesser offense,
highlighting the importance of mens rea in determining the gravity of charges.

Issue 4: Self-Defense

 Belief in Threat: The actions of Sagar and Aryan can be construed as self-defense, as they
genuinely believed they were under attack from supernatural forces. The law provides
that individuals may use reasonable force to protect themselves from imminent harm,
which can include actions taken in fear of non-human threats.
 The circumstances surrounding the encounter were filled with uncertainty and fear,
leading the Respondents to react instinctively. The invocation of self-defense is supported
by the notion that reasonable belief in the necessity to protect oneself, even if misguided,
can justify actions taken in the heat of the moment.

Relevant Case Law:

 In Gopinath Ghosh v. State of West Bengal, the court ruled that actions taken in genuine
belief of imminent threat can be excused as self-defense, which reinforces the
Respondents’ claim that they acted under the necessity of protecting themselves from
perceived danger.
 PRAYER

Wherefore, in light of the aforementioned facts and arguments, it is respectfully prayed that
this Hon’ble Court may be pleased to:-

1. Dismiss the appeal filed by the State of Vindhya Pradesh;

2. Uphold the acquittal of Uday Shetty, Sagar, Aryan, and Lucky by the High Court,
affirming the application of the mistake of fact defense;
3. Clarify that the actions of Sagar do not meet the criteria for attempted murder, and
should be classified as a lesser offense;
4. Grant any other relief that the Hon’ble Court may deem fit and proper in the
circumstances of the case.

+ Respectfully Submitted
Counsel for the Respondent.