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    Moot Problem

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    Tanmay Srivastava
    The document summarizes a criminal case involving the gang rape and murder of Nalini, a 28-year-old software engineer. It describes how Nalini accepted a ride from three men - Sachin Mishra, Vikram Jadhav, and Aniket Salwi - after missing her company transport, but the men took her to multiple locations where they repeatedly raped and assaulted her. They ultimately killed her by strangulation and crushing her head with stones. All three men were convicted and sentenced to death by the trial court, while an approver named T. Ramalinga received a 7-year sentence. The three convicted men have now appealed their conviction and sentence to the Bombay High Court.

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    Moot Problem

    Uploaded by

    Tanmay Srivastava
    91 views2 pages
    The document summarizes a criminal case involving the gang rape and murder of Nalini, a 28-year-old software engineer. It describes how Nalini accepted a ride from three men - Sachin Mishra, Vikram Jadhav, and Aniket Salwi - after missing her company transport, but the men took her to multiple locations where they repeatedly raped and assaulted her. They ultimately killed her by strangulation and crushing her head with stones. All three men were convicted and sentenced to death by the trial court, while an approver named T. Ramalinga received a 7-year sentence. The three convicted men have now appealed their conviction and sentence to the Bombay High Court.

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    The document summarizes a criminal case involving the gang rape and murder of Nalini, a 28-year-old software engineer. It describes how Nalini accepted a ride from three men - Sachin Mishra, Vikram Jadhav, and Aniket Salwi - after missing her company transport, but the men took her to multiple locations where they repeatedly raped and assaulted her. They ultimately killed her by strangulation and crushing her head with stones. All three men were convicted and sentenced to death by the trial court, while an approver named T. Ramalinga received a 7-year sentence. The three convicted men have now appealed their conviction and sentence to the Bombay High Court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    91 views2 pages

    Moot Problem

    Uploaded by

    Tanmay Srivastava
    The document summarizes a criminal case involving the gang rape and murder of Nalini, a 28-year-old software engineer. It describes how Nalini accepted a ride from three men - Sachin Mishra, Vikram Jadhav, and Aniket Salwi - after missing her company transport, but the men took her to multiple locations where they repeatedly raped and assaulted her. They ultimately killed her by strangulation and crushing her head with stones. All three men were convicted and sentenced to death by the trial court, while an approver named T. Ramalinga received a 7-year sentence. The three convicted men have now appealed their conviction and sentence to the Bombay High Court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    MOOT PROBLEM

    Nalini, a 28 year old Software Engineer was working with one BPO Company Pune. She

    used to travel to her workplace and back by her company transport or Public Transport of

    by an Auto Rickshaw. On the evening of 07/10/2019 i.e. the day of the incident as she was

    working till late she missed the company transport and therefore near Reliance Mall on

    Nagar road she accepted the offer of lift by Sachin Mishra – Accused no. 1 in the cab driven

    by himself and in which the other two accused viz. Vikram Jadhav Accused no. 2 (Security

    Guard) and Aniket Salwi Accused no. 3 were already sitting and present in the cab. They

    promised to take her to her house in Katraj whereupon she placed total trust on these

    strangers. However, the brutes took advantage of the fact of her being the only woman in

    the cab, they abducted her to satisfy their insatiable lust. She was stripped naked and kept

    in that condition for hours committing gang rape on her repeatedly.

    They picked up Nalini from Reliance Mall and subsequently drove her to Hadapsar by

    Magarpatta and from there onwards to Manjari Phata and then to Abalwadi. There onwards

    accused took her to Shankar Parvati Mangal Karyalaya on Nagar Road where they raped

    her. In mean time T. Ramlinga (Approver) joined them and he too raped Nalini. Then they

    drove to Dargah at Chandan Nagar where the four and further to Vadu Fata by Markal

    Road where they raped her again. Thereafter they drove her to Zarevedi Fata where the

    accused Sachin Mishra, Vikram Jadhav, aniket Salwi brutally killed her by first

    strangulating her by dupatta and then by crushing her face and head with heavy stones to

    camouflage her identity in order to destroy the evidence. However, Nalini’s parents

    successfully followed up with the investigation team and upon registration of the crime on

    08/10/0219 and with assistance of further investigation all accused person were arrested on

    14/10/2019.
    The Trial took place against all these accused in the Trial Court, Pune. Trio accused in this

    case were held guilty for the Gang Rape and murder and all the three accused were

    sentenced to death U/S 376 (A), 397, 302, 404, 120(B) of IPC for this horrific crime vide

    order dated 20/07/2021. But T. Ramalinga (Approver) was sentenced to 7 years

    imprisonment. All the three accused filed an appeal in the Bombay High Court against the

    decision of the Trial Court Pune to set aside the conviction and sentence.

    Issues are as follows –

    1. Whether the appeal against conviction is maintainable?

    2. Whether the accused conspired to commit the said crimes and in pursuance of this

    conspiracy they carried out the criminal acts as charged by the prosecution?

    3. Whether the prosecution has proved beyond reasonable doubt the common intention of

    the accused by bringing on record that the said acts were committed by several persons

    in furtherance of their common intention?

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