THE OXFORD COLLEGE OF LAW, BENGALURU. (Affiliated to KSLU, Hubballi & Approved by BCI, New Delhi) No.32, 19th Main, 17th *B’ Cross, Sector IV, HSR Layout, Bangalore 560 102 Course : Clinical Course ~ IV Subject : Moot Court Exersice & Internship Semester : 6th Semester 3 Years LL.B & 10th Semester B.A.,LL.B & B.B.A.,LLB 5 Years Integrated Degree Course 3" MOOT COURT PROBLEM. Ayitha a school teacher was married to Arun, a businessman .The Couple had a son by name Akash, who was ten years old. She was living with her husband and son at their marital home since marriage. They recently shifted to a new house near Electronic city Bengaluru, and they have been living there a little over a year. Everyone liked Avitha and she was known for her gentle and soft- spoken nature. Radha cousin of Avitha was her father’s brother’s daughter. She was married to Shiva who was an engineer. Radha and Avitha shared amicable relations between themselves as they had both grown up together. Over the years, this sisterly relationship also manifested itself into a fiduciary one wherein Avitha lent mon y to her sister to help in her catering business. On 12/04/2018 as a part of one such transaction, Radha borrowed a sum of Rs, 20,00,000/- (Rupees Twenty Lakhs) from Kavitha to invest in her business. Months passed, but there was no mention of the borrowed sum Scanned with CamScannerfiffeen Lakhs) into the business and promised to repay it at the earliest, sc frequent disagreements and arguments between Arun and Avitha and fing were lly ig Radha, ‘adha to ‘as mutually decided that this would be the last time they would lend money to Over a family dinner one night on 05/1 0/2018, a final warning was given to R: Pay the money due to them by Januar ity as they required it for the pu remodelling their house, Feeling hurt ITPoses of at the insults and the Way she was treated: Radha 8 to have her Tevenge, is ut the Whereabouts Of Avitha to Which «ha replied that Avitha had never reacheg p, Radha “residence at the decided time, so she ‘Scanned with CamScanneray TR AOE RETEST thought that their meeting had been cancelled. He then called up her parents, and inquired if. ‘Avitha had come to their residence . Knowing that no one had heard from Avitha, her parents were disturbed. It was at this time that Radha begun convincing everyone against filing a complaint as Avitha could have been stuck up in some important work. Not having heard from Avitha even after thirty-six hours since her disappearance, Arun along with Avitha’s parents filed a missing person’s complaint on 16/12/2018. They also informed the police that Avitha’s car, is 2002 model of the Hyundai 110, white colour, bearing number KA 01 H 100 which was driven by her was also missing. The investigation started on 17/12/2018 with the police questioning the family members regarding the last known whereabouts of Avitha. Arun was considered a suspect, but he was soon ruled out once he established his alibi. He also told them that the last person to have possibly seen Avitha was Radha as they had been scheduled to ‘meet that evening. When the police questioned Radha and Shiva regarding their scheduled meeting with Avitha, they were very evasive and told the police that Avitha never ited them that evening. On 18/12/2018, the police located Avitha’s missing car, which had been left abandoned on the National Highway. The investigation then led to the office of the deceased wherein the colleague Shwetha her collegue was been questioned on 20/12/2018. She revealed that Avitha had once told her that if in case there would be @ day when she does not return for a long period of time and no contact could be established with her, then in such a situation Shwetha was to take the keys of her office almirah given to her, open it and hand over the contents therein to Avitha’s parents. The investigation then led to Kavitha’s parents who revealed the contents of the file to be a list of all Kavitha’s important documents such as her will, bank deposit receipts etc. one of such document. od edt pts etc. on uch documents consisted of the financial transactions of Avitha Scanned with CamScanner4 tha was the With other people, Based on this dacument the police established that Rad only person with the strongest motive to eliminate Avitha. apartment on 21/12/2018 to tl + was locked, and Radh: ke Radha into When the police reached Radha’s a and cu ; stody for questioning they discovered that the fla took their domestic Radha’s husband Shiva were both absconding, The police then fas during his interrogation that they helper, Anil into custody for questioning. It wé .d Shiva had gone to Mysore. Effort was made to reach them. found out that Radha ani but they constantly remained unavailable. 1/2019, after several confessed to the pol | hours of questioning Anil On inquiry of Anil on 09/ fice that he had discloses the truth of murder of Avitha and he 9/2018. ‘a and Shiva strangulate Avitha on 14/12; the forensic helped Radhi the statement of Anil, evidence and the of Kavitha on the night of 14/12/2018 as filed on 09/01/2019 Taking into consideration U ances surrounding the disappearance ier, a First Investigation Report w circumst and her subsequent murd Shiva, and Anil for murder of Avitha. A team of policemen went to against Radha, 2018 and arrested Radha and Shiva and escorted them back to Mysore on 10/01/ Bangalore. A charge sheet was also filed and submitted to trial Court. The trial was conducted by the Metropolitan Magistrate Court Bangalore at Bangalore. Based on the witness lence in the case, the trial Court acquitted all the 3 Accused. testimonies and the € Judgment was passed on 30/12/2020 Aggrieved by this order, the State has The for preferred an appeal before the High Court of Karunadu and the same is pendit the hearing. e the case based 0 the given facts either on behalf of I prepare ar + Students s! the Prosecution or the Défence. «Students may frame their own Charges. Scanned with CamScanner