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ABOUT
KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY (KIIT)
KIIT started as a modest vocational education institute in 1992 in rented premises in Bhubaneswar. By 1997 (considered as the base year) it commenced graduate programmes in Engineering and postgraduate programmes in Computer Applications and Management. KIIT, now, is a multidisciplinary Institute respected worldwide due to its rich educational culture of excellence. Research and innovation feed into the courses, encouraging the students to think critically and creatively. Its cosmopolitan campus is proud to have more than 25,000 students from all corners of India and around 22 countries, creating a mini metropolis in which a diverse multi-cultural community mingles and meets to study and relax together. KIIT sprawls over 25 sq. km. area with one million square metres of aesthetically constructed built up area. There are 28 constituent schools, contiguously located in impeccably landscaped and modern-technology-enabled campuses offering graduate, post- graduate, doctoral and post-doctoral programmes in a wide range of disciplines. The institute's solemn academic ambience has led to grant of A-Category status to it by the Ministry of HRD, Govt. of India, placing it among the most elite universities of the country. It is accredited by NAAC of UGC in 'A Grade'. Further, it has received Tier 1 (Washington Accord) accreditation by NBA of AICTE for engineering streams. Washington Accord accreditation enables global recognition of degrees and increased mobility of its graduates to 17 countries, including USA, UK, Australia, Canada and Japan. KIIT is among only six institutions in the country to have this accreditation. KIIT also has one industrial training institute, a polytechnic, and an international school having affiliations with IGCSE-England, International Baccalaureate Programme (IBP).
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ABOUT
KIIT SCHOOL OF LAW
KIIT School of Law was established by KIIT(Deemed to be University) in 2007 to meet the growing demand for legal professionals in the wake of globalization and rapid expansion of India’s economy. Academic programmes of the School are recognized and approved by the Bar Council of India (BCI), the apex body regulating the legal education in India, and UGC. At present, KSOL is the only law school in India having specialized honours courses in Business Law, Constitutional Law, International Law, Crime & Criminology, Intellectual Property Law, Taxation Law and Human Rights Law.
Legal education is multidimensional-it requires not only procedural skills but also a deep understanding in various epistemologies. For this reason, double degree integrated courses like Law and Management or Law and Social Sciences or Law and Natural Sciences are becoming popular and assuming much importance in the corporate world. Legal studies are now mixed with management or scientific analytical skills to advance the rational judicial system. The curriculum of KSOL has evolved upon these paradigms. As an institution of excellence, scholarship and rigour, KSOL is dedicated to nurturing students into leaders inculcating in them the intellectual and ethical values that will mould them into socially responsible professional proficient in the dynamic domain of law. We are committed to the evolution of law as an instrument of social change as well as its employment as a mechanism to confront the challenges thrown up by an increasingly industrialized and complex milieu. We are constantly innovating to ensure new and better ways of training professors of the legal fraternity of tomorrow, who would be competent as well as worthy of public trust.
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DIRECTOR’S MESSAGE
Dear Students,
KIIT (Deemed to be University), is a co-educational, autonomous university located at Bhubaneswar in the Indian state of Odisha. It was one of the youngest institutions to be awarded the deemed university status (under the section 3 of UGC act 1956) in India and then the university status in 2004 and is recognized by Limca Book of Records under the guidance of our founder Dr. Achutya Samanta. I must bring to your kind notice that previously School of Law, KIIT University has organized 4 National Mock Trial Competitions, which were a huge success. Also, SOL is credited with several very successful National and International level IPR/ Human Rights/ International Commercial Arbitration Conferences and Workshops. Presently, SOL is recognized as one of the premier institutions imparting legal education to students from across the country and also some International students. I wish all of you a great luck and look forward to your participation.
(Prof.)Dr. N.K Chakrabarati
Director,
School of Law
KIIT University
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MESSAGE FROM FACULTY CONVENOR
Dear Students,
Greetings from School of Law, KIIT(Deemed to be University), Bhubaneswar. It gives me immense happiness to announce that the 5Th KIIT National Mock Trial Competition (KNMTC), 2019 is being organized by School of Law, KIIT University, and from 5thApril 2019- 7thApril 2019. It deserves mention that last year we organized the 4TH National Mock Trial Competition and it was a huge success! Our law school is one of the most vibrant law departments in India, with the students actively engaged in multifarious academic as well as clinical education programs. We realized that strong advocacy skills, ability to think logically and objectively and neat draftsman ship are part and parcel of a world class legal education. With that aim in mind the Law schools have formulated the Trial Advocacy and Appellate Society (TAAS). Our students had in the past participated enthusiastically in different such Trial Advocacy competitions across the country, wherein they have won laurels and appreciation. So, now it is our turn to give a platform to the maximum number of students in the campus to witness the advocacy skills of fellow students and being judged by eminent judges and be motivated and the (KNMTC) 2019 will definitely be a great platform. I hope that the (KNMTC) 2019 is a great success and wish all the TAAS committee members, student board members, volunteers and the participants all the very best!
Dr. Paromita Chattoraj
Faculty Convenor
KIIT School of law
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CASE STUDY
Starwalker’s City is a District in the northern Trindia and is also the capital city of Trindia.
Trindia follows a Constitution pari materia with to the Constitution of India, 1950. All other laws of Trindia are also pari materia to that of India, and have the same nomenclature and were passed in the same year as India.
Mr. Tridev Shukla aged about 46, is working as the Deputy Commissioner of Police of the
Starwalker’s City police administration. One Ms. Sitara Nayak contacts Tridev Shukla sometime in the month of October, 2012, asking him to talk to a Property Dealer and mediate on her and her family’s behalf for a property. She tells Mr. Shukla that in the month of April,
2012 the Property Dealer Mr. Siddhajeet Sandhu took approximately Rs. 5,00,00,000/- for a property situated at a prime location in Starwalker’s city.
Mr. Tridev Shukla thinking of the bad financial position of Sitara Nayak’s family agreed to broker an agreement between Mr. Sandhu and Ms. Nayak. It is pertinent to mention that however even after Mr. Shukla exercising his influence as a Police Official, no agreement could be brokered between the concerned people. On the contrary, Ms. Nayak started to allege that Mr. Shukla took a bribe of Rs. 10,00,000/- from Sandhu to sweep the matter under the carpet.
However, sometime in the Month of December, 2012 Ms. Nayak’s family called up Mr.
Shukla, asking him to put aside all their differences. After this Mr. Shukla started visiting Ms.
Nayak’s home and it was at this time that Mr. Shukla met Sitara Nayak’s daughter, Wareena
Nayak aged about 16. Ms. Wareena was taking coaching for Trindia Police Services
Examination, in which Mr. Shukla promised to help her. During this time the two began chatting with each other on a messaging application and also on calls.
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Mr. Shukla has a 7 years old daughter, who studies in 2nd Standard at O.G. Global School and a wife named Parvati, who is a housewife.
Other than Ms. Wareena Nayak, Ms. Sitara Nayak has a 12 years old son named Riyayat
Nayak, Husband Mr. Brahma Nayak, who runs a Chemist Shop.
It is pertinent to mention that Ms. Wareena Nayak was close friends with one Mr.
Rameshwar Anand, who is the son of Mr. Kedarnath Anand. Mr. Anand lives in the same vicinity as Mr. Shukla. Mr. Kedarnath Anand was earlier employed with the Starwalker’s
City Police as an Inspector and was removed from the department on charges of corruption.
The complaint of corruption against Kedarnath Anand was filed by Shukla. Further, soon after Mr. Kedarnath’s removal from the department, Mr. Anand’s wifeMs. Kanyakumari
Anand who also works with the department as an Inspector and reports to Mr. Tridev Shukla filed a sexual harassmentcomplaint against Mr. Shukla with the Sexual Harassment
Grievances Cell of the Police Department. The said complaint is still pending with the Cell.
Further, on various occasions Mr. Shukla has told Ms. Sitara Nayak that Wareena is romantically involved with Mr. Rameshwar Anand and he has seen her at the Anand Villa several times, while Rameshwar’s parents were not home to which Wareena has objected.
Further, Rameshwar once even got into a scuffle with Mr. Tridev Shukla on this issue.
On 27.02.2013, an F.I.R. was registered by Ms. Wareena Nayak alleging aggravated sexual assault on her person by Mr. Shukla.
(The Facts in the fact sheet cannot be rebutted)
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Witnesses to be Examined During Trial
1. Investing Officer
2. Accused Person
3. Victim
4. Constable 1 Mahesh
5. Constable 2 Ramesh
6. Sitara Nayak
7. Riyayat Nayak
8. Brahma Nayak
9. Parvati Shukla
10. Rameshwar Anand
11. Kedarnath Anand
12. Kanya Kumari Anan
13. Commissioner of Police (Starwalker’s City) (In-Charge Police Control Room)
[Both sides can only examine a maximum of 2 witnesses including the accused persons during preliminary to quarter final rounds and three witnesses for the semi-final round.
However, for the final rounds all the witnesses can be examined by both the parties subject only to the time limit of the rounds and respective time limit of the teams.]
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List of Exhibit and Documents
1. First Information Report
2. MLC Reports of Accused and Victim
3. Counsellor’s Report
4. Section 161 statements of:
a. Investigating Officer b. Accused c. Victim d. Constable 1 Mahesh e. Constable 2 Ramesh f. Sitara Nayak g. Riyayat Nayak h. Brahma Nayak i. Parvati Shukla j. Rameshwar Anand k. Kedarnath Anand l. Kanyakumari Anand m. Commissioner of Police (Starwalker’s City) (In-Charge Police Control Room)
5. Call Records
6. Final Report Form
7. Section 164 statement of Wareena Nayak
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EXHIBIT 1
FIRST INFORMATION REPORT
(U/s 154 Cr.P.C.)
District: Starwalker’s City
P.S.: Starwalker District Centre Police Station
Year: 2013
FIR NO: 24/2013
Date of F.I.R: 27.02.2013
Acts: Section 328, 363, 376 and 506 of the Trindian Penal Code, 1860
Section 6 of the Protection of Children from Sexual Offenses Act, 2012
Date, Place and Time of Occurrence: 07.02.2013 at around 01:00 PM at 06/28,
District Centre Officer’s Colony
Complainant/Informant Name and Age: Wareena Nayak aged about 16
Type of Information: Written
Reasons for Delay in Lodging F.I.R: Unknown
Details of Suspect: Tridev Shukla (Accused is Working as Deputy Commissioner of
Police, Starwalker’s City)
Information as Received:
Respected S.H.O,
Starwalker District Centre Police Station
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
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started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1300 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. As he is well known to me and I frequent his place,
therefore I went with him to his place. At his place he offered me a cup of coffee. At
around 1400 hrs I remember waking up in his bedroom with no clothes on my person.
Suddenly he tells me that he has had sexual intercourse with me and threatened me
with dire consequences if I told this to anyone.
Thereafter on 27.02.2013 when nobody was at home, he came to my place at around
2000 hrs and tried to rape me again. Suddenly to my rescue, my mother came and so
did my brother and tried to stop him. After which my father came and started talking
to him regarding what has happened. AS soon as my brother and mother had come, I
told them about the incident of 07.02.2013. thereafter I called the P.C.R and you
people came. Thereafter I am handing over this written complaint to you. Kindly take
strict action against Mr. Shukla.
I am the I.O. in the present case. At around 0000 hrs on 28.02.2013 we received a
PCR call and thereafter I along with constable Mahesh Suresh and Ramesh came over
to the complainant’s place and received this written complaint. Thereafter the FIR has
been registered.
Sd/- Phul Kumari Jaiswal
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EXHIBIT 2
MLC REPORT OF TRIDEV SHUKLA
(Brought to me for MLC at around 1700 hrs. on 29.02.2013)
1. Habitual to Sexual Intercourse
2. Bruises found on the back and shoulder
MLC REPORT OF WAREENA NAYAK
(Brought to me for MLC at around 0500 hrs. on 28.02.2013)
1. Hymen Intact
2. Blood Sample not taken because it has been more than 2 weeks since the
alleged rape.
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EXHIBIT 3
COUNSELLOR’S REPORT UNDER POCSO, 2012
On 27.02.2013, Ms. Wareena was brought to me before her MLC. She said that:
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1300 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. Firstly, I was reluctant to go to his place, but then he
forced me to go with him. At his place he offered me a cup of tea. At around 1500 hrs
I remember waking up in his bedroom with no clothes on my person. Suddenly he tells
me that he has had sexual intercourse with me and threatened me with dire
consequences if I told this to anyone.
Thereafter on 27.02.2013 I called him at around 2100 hrs. telling him that I have told
my parents about the incident and they want to discuss with him. He came to my place
at around and tried to rape me again. Suddenly to my rescue, my mother came and so
did my brother and tried to stop him. After which my father came and started talking
to him regarding what has happened. AS soon as my brother and mother had come, I
told them about the incident of 07.02.2013. thereafter I called the P.C.R.
Further, after 07.02.2013 he started blackmailing me with some inappropriate
pictures. He used to send those pictures to my phone and threaten me.
Sd/-
Counsellor
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EXHIBIT 4
Statements under Section 161 CrPC
a. Investigating Officer (Phul Kumari Jaiswal)
From the investigation it seems that Mr. Shukla committed rape, as Wareena was able
to identify the place of rape, Mr. Shukla’s bedroom etc. Additionally, Mr. Shukla has
confessed in 161 statement before me that he committed rape.
b. Accused
I called Wareena at around 1300 hrs and said that I have prepared some history notes
for her and I am coming to handover those notes near her coaching at District Centre
which is nearby my house. I told her that the notes are at my place and asked her to
come with me. Firstly, she was reluctant to go to my place, but then I insisted her to
come with me. At my place I offered her a cup of tea and intoxicated her and
committed rape. I am sorry, I made a mistake please forgive me.
c. Victim
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1300 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. As he is well known to me and I frequent his place,
therefore I went with him to his place. At his place he offered me a cup of coffee. At
around 1400 hrs I remember waking up in his bedroom with no clothes on my person.
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Suddenly he tells me that he has had sexual intercourse with me and threatened me
with dire consequences if I told this to anyone.
Thereafter on 27.02.2013 when nobody was at home, he came to my place at around
2000 hrs and tried to rape me again. Suddenly to my rescue, my mother came and so
did my brother and tried to stop him. After which my father came and started talking
to him regarding what has happened. AS soon as my brother And mother had come, I
told them about the incident of 07.02.2013. thereafter I called the P.C.R and you
people came.
d. Constable 1 Mahesh
From the investigation it seems that Mr. Shukla committed rape, as Wareena was able
to identify the place of rape, Mr. Shukla’s bedroom etc. Additionally, Mr. Shukla has
confessed in 161 statement before I.O. that he committed rape.
e. Constable 2 Ramesh
From the investigation it seems that Mr. Shukla committed rape, as Wareena was able
to identify the place of rape, Mr. Shukla’s bedroom etc. Additionally, Mr. Shukla has
confessed in 161 statement before I.O. that he committed rape. I took the accused for
MLC and also arrested him from his house.
Further, anyways Mr. Shukla has been a man of lose character. His reputation is not
good in the department. He has molested many of my colleagues before.
f. Sitara Nayak
On 27.02.2013, I came home and found that Shukla was trying to force himself upon
my daughter. We tried to talk to him but he ran away. In the morning only that day
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our daughter had told us about the incident on 07.02.2013. We are very disappointed.
We took Wareena for MLC along with the I.O.
We never thought Shukla would do such a thing.
g. Riyayat Nayak
On 27.02.2013, I came home along with my mother and found that Shukla was trying
to force himself upon my sister. I had a scuffle with him but he ran away somehow.
h. Brahma Nayak
On 27.02.2013, I came home and nobody from my family was at home before I
arrived and I found that Shukla was trying to force himself upon my sister. I had a
scuffle with him but he ran away somehow.
i. Parvati Shukla
My husband is a reputed police man. He is aka Singham of Starwalker’s City. He
would never do such uncalled-for behavior. I think my husband is being framed at the
instance of Mr. Kedarnath and also because he told Sitara about Wareena’s affair with
Rameshwar.
He himself has a daughter and loves her a lot.
Yes, I was not at home on 07.02.2013.
j. Rameshwar Anand
Mr. Shukla is not a man of honor. He has sexually assaulted my mother once, against
which my mother filed a complaint.
He used to harass Wareena and I went to Wareena’s coaching on 07.02.2013, but
Wareena was not there and was not even at her home.
I met her on 08.02.2013, where she told me that Shukla raped her.
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k. Kedarnath Anand
I have known Shukla for quite some time now. He is not a good man. He has tried
to molest my wife. It is very much possible that he committedrape on innocent
Wareena owing to some tension between her family and him some time ago.
l. Kanyakumari Anand
Sometime back Shukla ji molested me and when I protested, he told me that ‘I got
your husband out of the department, I can do the same with you’. He is not a good
man and Wareena told me the truth the next day itself. There have been scuffles
between my son and Mr. Shukla.
m. Commissioner of Police (Starwalker’s City) (In-Charge Police Control Room)
Mr. Shukla is currently Second in Command at Police Control Room. He was on duty
till 1400 hrs on 07.02.2013 and it takes him around 20 mins to reach his home.
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EXHIBIT 5
CALL RECORD OF MR. TRIDEV SHUKLA (6789987654)
Calling No. Number Called Date Time Duration
6789987654 1234567890 06.02.2013 1300 hrs 1 min
6789987654 1234567890 06.02.2013 1325 hrs 11 min
1234567890 6789987654 06.02.2013 1900 hrs 8 min
1234567890 6789987654 06.02.2013 1940 hrs 1 min
1234567890 6789987654 07.02.2013 0800 hrs 1 min
6789987654 1234567890 07.02.2013 0850 hrs 0 min
1234567890 6789987654 07.02.2013 1300 hrs 1 min
6789987654 1234567890 07.02.2013 1500 hrs 1 min
6789987654 1234567890 27.02.2013 1300 hrs 1 min
6789987654 1234567890 27.02.2013 1925 hrs 11 min
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CALL RECORD OF MS. WAREENA NAYAK (1234567890)
Calling No. Number Called Date Time Duration
6789987654 1234567890 06.02.2013 1300 hrs 1 min
6789987654 1234567890 06.02.2013 1325 hrs 11 min
1234567890 6789987654 06.02.2013 1900 hrs 8 min
1234567890 6789987654 06.02.2013 1940 hrs 1 min
1234567890 6789987654 07.02.2013 0800 hrs 1 min
6789987654 1234567890 07.02.2013 0850 hrs 0 min
Calling No. Number Called Date Time Duration
6789987654 1234567890 27.02.2013 1300 hrs 1 min
6789987654 1234567890 27.02.2013 1925 hrs 11 min
1234567890 100 27.02.2013 2315 hrs 3 min
1234567890 100 27.02.2013 2330 hrs 2 min
1234567890 6789987654 07.02.2013 1300 hrs 1 min
6789987654 1234567890 07.02.2013 1500 hrs 1 min
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Final Report Form (U/s 173 CrPC)
Distt. Starwalker P.S: Starwalker District Centre Police Station Year: 2013 FIR NO: 24/2013 Date of F.I.R: 27.02.2013 Acts: Section 328, 363, 376 and 506 of the Trindian Penal Code, 1860 Section 6 of the Protection of Children From Sexual Offenses Act, 2012 Type of Final Form/Report: Charge Sheet Name of the IO: Phul Kumari Jaiswal Rank: Sub Inspector No. D-5683 Name of the Complainant: Wareena Nayak 16 years R/o 42, 3rd Floor, Lajpat Nagar II, Starwalker City Particulars of Accused person charge-sheeted Name: Tridev Shukla Father: Trimurti Shukla Sex: Male Nationality: Trindian Passport No: N/a Address: 6/28, District Centre Officer’s Colony
Date of Arrest: 28.02.2013
Date of Bail: N/a
Acts:
A. Section 328, 363, 376 and 506 of the Trindian Penal Code, 1860
B. Section 6 of the Protection of Children From Sexual Offenses Act, 2012
Status of the Accused: Arrested
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Details of the Case:
It is submitted that on 28.02.2013 at 0000 hrs a PCR call was received at Starwalker District
Centre Police Station. The call was marked to Constable Mahesh escorted with Suresh and
Ramesh reached 42, 3rd Floor, Lajpat Nagar II, Starwalker City where complainant Wareena
Nayak aged 16 years with her mother, brother and father were present at the residence. The complainant was asked about the incident where she narrated that she was raped by her uncle
Mr Tridev Shukla on 07.02.2013 after giving her some sedative in the coffee at his residence.
The complainant produced a written complaint to the I.O. which is as such:
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1300 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. As he is well known to me and I frequent his place,
therefore I went with him to his place. At his place he offered me a cup of coffee. At
around 1400 hrs I remember waking up in his bedroom with no clothes on my person.
Suddenly he tells me that he has had sexual intercourse with me and threatened me
with dire consequences if I told this to anyone.
Thereafter on 27.02.2013 when nobody was at home, he came to my place at around
2000 hrs and tried to rape me again. Suddenly to my rescue, my mother came and so
did my brother and tried to stop him. After which my father came and started talking
to him regarding what has happened. AS soon as my brother And mother had come, I
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told them about the incident of 07.02.2013. thereafter I called the P.C.R and you
people came. Thereafter I am handing over this written complaint to you. Kindly take
strict action against Mr. Shukla.
The complainant along with her mother was taken to Holy Mo Cho Hospital where she was counselled by the counsellor. Thereafter the victim was examined by the examiner. After the medical examination the case was registered and the investigation of the same was conducted by the I.O. During the course of the investigation, the I.O went to the coaching center where the complainant recognized the place where accused picked her up. The statements of the witnesses were recorded and a site map was prepared. Then the I.O went to 6/28, District
Centre Officer’s Colony where, as recognized by the complainant the accused was apprehended and after due interrogation the accused was arrested and taken to the Police
Station. The mobile phone of the accused was taken into police possession through seizure memo. The medical examination and potency test of the accused was conducted at Holy Mo
Cho Hospital and the Blood Sample was taken and preserved. On 02.03.2013 the mobile phone of the complainant was also taken. Both the mobile phones have been sent to the laboratory.
On 04.03. 2013, the Complainant wished to record her statement before a Judicial Magistrate.
In her statement she said as follows:
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1345 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
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Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. Firstly, I was reluctant to go to his place, but then he
forced me to go with him. At his place he offered me a cup of coffee. At around 1400
hrs I remember waking up in his bedroom with no clothes on my person. Suddenly he
tells me that he has had sexual intercourse with me and threatened me with dire
consequences if I told this to anyone.
Thereafter on 27.02.2013 I called him at 2000 hrs. telling him that I have told my
parents about the incident and they want to discuss with him. He came to my place at
around 2000 hrs and tried to rape me again. Suddenly to my rescue, my mother came
and so did my brother and tried to stop him. After which my father came and started
talking to him regarding what has happened. AS soon as my brother and mother had
come, I told them about the incident of 07.02.2013. thereafter I called the P.C.R.
Further, after 07.02.2013 he started blackmailing me with some inappropriate
pictures. He used to send those pictures to my phone and threaten me.
Accused is in judicial custody since 28.02.2013. the investigation of the case is completed and there are sufficient evidences on records against the accused. The accused has been charge sheeted u/s 328, 363, 376 and 506 of the Trindian Penal Code, 1860 and Section 6 of the Protection of Children From Sexual Offenses Act, 2012. The charge sheet is complete in all respect and is being sent to the Hon’ble Court for admission and judicial verdict.
Sd/-
Phul Kumari Jaiswal
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Section 164 Statement of Ms. Wareena Nayak
I am Wareena Nayak aged about 16 years R/o 42, 3rd Floor, Lajpat Nagar II,
Starwalker City have known Mr. Tridev Shukla, for past one year, since when he
started coming over to my place and promised to help me with my studies. On
07.02.2013, Mr Shukla called me at around 1345 hrs and said that he has prepared
some history notes for me and he is coming to handover those notes to me near my
coaching at District Centre which is nearby his house. I waited for him at the District
Centre where he came in his car. Thereafter, he told me that the notes are at his place
and asked me to come with him. Firstly, I was reluctant to go to his place, but then he
forced me to go with him. At his place he offered me a cup of coffee. At around 1400
hrs I remember waking up in his bedroom with no clothes on my person. Suddenly he
tells me that he has had sexual intercourse with me and threatened me with dire
consequences if I told this to anyone.
Thereafter on 27.02.2013 I called him at 20000 hrs. telling him that I have told my
parents about the incident and they want to discuss with him. He came to my place at
around 2000 hrs and tried to rape me again. Suddenly to my rescue, my mother came
and so did my brother and tried to stop him. After which my father came and started
talking to him regarding what has happened. AS soon as my brother and mother had
come, I told them about the incident of 07.02.2013. thereafter I called the P.C.R.
Further, after 07.02.2013 he started blackmailing me with some inappropriate
pictures. He used to send those pictures to my phone and threaten me.
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RULES FOR 5TH KNMTC, 2019
I. PARTICIPATION1 – Participation is five years course in law from any restricted to maximum of 24 teams, recognized school/ college/ university selected on a first come first serve basis. are eligible to participate in the Only first 24 teams to complete all the competition. procedural requirements for their registration to the 5th KNMTC, 2019 IV. TEAM COMPOSITION – Each team will be eligible to participate in the shall consist of 3 members (2 speakers + competition. The confirmation regarding 1 researcher). However, a team of 2 the participation will be intimated to the members (2 speakers) can also teams through our official mail id participate upon written confirmation of ([email protected]). A maximum of a the same from the organizers. single team is only allowed from a specific institution. No cross teams are V. REGISTRATION – The registration allowed. procedure will be done in two phases. First will be the online phase and second II. DATE AND VENUE – The will be offline phase. Each team will be competition will be held from 5th April, required to pay a one-time fee of 2019 to 7th April, 2019 at the campus ₹ 4,000/- and has to be paid in shape of building of School of Law, KIIT demand draft in favour of KALINGA (Deemed to be university), Patia, INSTITUTE OF INDUSTRIAL Bhubaneswar, Odisha – 751024. Teams TECHNOLOGY payable at are required to be present by 1100 hrs at Bhubaneswar. Non-payment of the venue of the competition on 5th registration fee shall result in April, 2019 and must submit the hard cancellation of the registration of the copies of the written briefs according to participating team. the time intimated to them. For the first phase of the registration, teams are required to send a scanned copy of the III. ELIGIBILITY – Students pursuing demand draft and registration form their bachelor’s degree in the current (FORM-1) to the official mail-id of the calendar year in a three year course or organizers (i.e. [email protected]) and the subject of the mail must read as 1 In case of odd number of teams, organizers will be providing for a dummy team for the prelims round.
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“Registration_5th KNMTC, 2019” by the team code has been allotted. Non – 5th March, 2019. adherence of the same can attract severe penalty from the organizers. For the second phase of the registration,
teams are required to send the hard copy VIII. TRAVEL PLAN – All the of the registration form and Demand participating teams will be required to Draft addressed to fill up an online Google form intimating “Dr.ParomitaChattoraj, Faculty the organizers about their travel plans Convener, 5th KNMTC, 2019, and details. The link for the same will be Campus-16, School of Law, KIIT provided upon the successful completion (deemed to be university), Patia, of the registration process for the Bhubaneswar, Odisha -751024”on or competition. It must be noted that the before 12th March, 2019. Teams not organizers will provide pickup facilities complying with the above rules will to the teams on their arrival (from 4th not be allowed to participate in the April, 2019 1200 hrs) and travel during competition. the competition, but won’t be providing VI. CHANGE IN TEAM any drop facility after the competition. COMPOSITION – Any change in the IX. ACCOMMODATION & FOOD – team composition must be intimated to Accommodation and food shall be the organizers at the earliest. Any provided to the teams by the organizers change must be accompanied by freshly from 4th April, 2019 1200 hrs to 8th filled registration form and letter of April, 2019 1200 hrs. All the facilities authority duly signed by the head of shall be provided only to the registered institution sent to organizers via e-mail members of the teams and no additional to their official mail id member, parent, coaches, observer or ([email protected]). faculty advisor shall be accommodated.
VII. TEAM CODE – Upon confirmation X. DRESS CODE – Participants are only of the participation, teams will be allowed to wear Advocate attire during allotted a unique team code which they the inauguration, oral rounds and must use from there onwards for all valedictory session, excluding kinds of communication made to the neckband and gown (i.e. black organizers. Teams will not be allowed to blazer/coat, white shirt, black trouser, use the name of their institution, once
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tie, and formal shoes for male • If the rank is still unable of being participants and black blazer/coat, white determined, then the tie breaker will be shirt, black trouser/skirt, formal shoes decided on basis of highest individual or black and white Indian wear for speaker marks. female participants). On other occasions • If the tie still subsists then the ranking on campus, participants may wear shall be determined by a coin toss. casuals or formals at their convenience. • The results so announced would be final and binding on the teams. No further XI. LANGUAGE – Competition shall query regarding any change in results or be conducted strictly in English any consultation with the judges would only. be entertained. B. QUARTER FINAL 2 XII. ROUNDS – The competition shall • Teams will qualify to quarter final on consist of preliminary round, the basis of marks obtained during the quarter finals, semi-finals and final. preliminary round. A. PRELIMINARY ROUND • Quarter final will be a knock-out round. • Prelims will consist of 2 rounds. • Team qualified to the quarter final round • Each team will face a different bench will represent only one party to case during the prelim I & prelim II. during their quarter final round. • Each team will be required to represent • Only top 8 team from the preliminary both sides during the preliminary round shall qualify for the quarter-finals. rounds. • In case of tie, rules of tie breaker for the • Best speaker shall be determined on preliminary round shall be followed basis of marks scored during the C. SEMI-FINAL preliminary round. • Winning teams from each quarter final • If there is a tie, then the written brief fixture will advance to the semis. marks will be taken into account to • Semi-final will be a knock-out round. break the dead lock. • Team qualified to the semi-final round will represent only one party to case
during their semi-final round. 2 Teams will be provided with opponent team’s • In case of tie, rules of tie breaker for the written brief after the draw of lots for each round. Teams are required to submit the preliminary round shall be followed. opponent’s written brief immediately after each round to the court officers present in their respective courtrooms.
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result in immediate disqualification from the competition. D. FINAL
• Winning teams from each semi-final XV. WITNESSES3 - The organizers fixture will advance to the final round of will be providing the witnesses for the competition. the competition. All the witnesses • Team qualified to the final round will will be ordinarily briefed and will represent only one party to case during be allotted to each team after the their final round. orientation programme. Teams are • In case of tie, rules of tie breaker for the required to use the assigned preliminary round shall be followed. witnesses for the competition.
Teams are required to notify the XIII. ANONYMITY – Participants may court officers before the introduce themselves to the bench commencement of each rounds, as in usual manner and can state their to which witnesses they will be names too. But, they are not examining in the present round. allowed to reveal their affiliation at Each team will get one hour before the any given point of time during the rounds to brief their witnesses. competition. Further, all team members, coaches, advisors, and Each team is required to examine a observers shall refrain from maximum of 2 witness during identifying a team’s college at any preliminary and quarter final round, time and in any manner, including, maximum of 3 witnesses during semi- but not limited to, wearing any final round. During the Final Rounds identifying items (such as college the teams can examine all the clothing, ties, patches or pins) or witnesses including the expert witness.
carrying identifying material (such XVI. WRITTEN BRIEF – Each team as a books with a college logo or must prepare written brief from college seal etc.) each side i.e. prosecution and defence. The colour code for XIV. SCOUTING – Scouting is strictly prohibited during the competition. 3Organizers are liable to provide only 2 Non-adherence of the same will witnesses for the prelims, quarter final and semi-finals. Teams are free to brief any witness for any role that has been provided for in the case study.
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written briefs for prosecution and • The written briefs must be submitted on defence is BLUE and DARK RED a single side typed A4 size paper and respectively. must contain the following A soft copy of the written brief from 1. Table of content each side shall be sent to the organizers 2. Index of authorities at their official mail id [email protected] 3. Statement of jurisdiction on or before 28th March, 2019 2300 hrs. 4. Statement of facts (1 page only and Written briefs from both the sides must submission of an argumentative be sent via a single mail only. A penalty statement of facts will attract penalties) of 1 mark shall be levied in case the 5. Statement of charge written briefs are submitted in any other 6. Summary of arguments format or through multiple mails. Teams 7. Arguments advanced (15 pages max.) submitting the written briefs after the 8. Prayer last date of submission shall be • A penalty of 2 marks shall be levied for penalised a maximum of 1 mark for non-inclusion of any section mentioned delay of each day. above in the written brief. The teams have to carry six written • The font size of the written brief should briefs from each side and submit the be 12, font style should be Times New same at the time of their registration at Roman and line spacing should be 1.5. the venue of the competition. • The footnotes shall be font size 10, font The hard copy of the written brief shall style Times New Roman and line be exact replica of the soft copy sent to spacing 1. the organizers. Non-adherence of the • The Bluebook: Uniform system of same shall result in immediate citation must be followed throughout the disqualification of the team. written brief. Non-compliance of the Following are the requirements for the same will attract a penalty of 1 mark per written briefs that must be followed by page. all the teams • Written briefs must have 1 inch margin • The written briefs must be consistent on all sides of each page. with the Criminal Procedure Code, 1973 • Page numbering should be on the bottom • Once the written briefs are submitted, no right side of each page. revision, supplement or addition will be • The cover page of the written briefs allowed. must state the case title, identity of brief
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as prosecution or defence, team code opening statement or the final allotted, name of the forum and name arguments in each rounds. At the and year of the competition. time of orals, teams will be • A penalty of 1 mark will be levied for required to go through the exceeding any page limit. procedure of framing of charges by • Identity of the institution shall not be the Court and the rest of the revealed anywhere in the written brief. timings for the orals will be as Instead team code allotted should be follows: mentioned. Violation of this provision shall result in immediate disqualification 1. PRELIMS AND QUARTER-FINALS of the team. The organizer’s decision – Total time allotted is 58 minutes. shall be final. • Opening statement on behalf of • The teams shall have an option of Prosecution – 3 minutes submitting a separate paper book of not • Opening statement on behalf of Defence more than 25 pages printed on both – 3 minutes sides, which shall carry all the annexures • Examination-in-Chief on behalf of and case laws that have been referred to Prosecution – 8 minutes in the written brief. The paper book shall • Cross-examination on behalf of Defence have white cover page and 2 copies of – 10 minutes the same shall be submitted at the time • Examination-in-Chief on behalf of of registration. Any identifying Defence – 8 minutes marks/seal of college on the paper book • Cross-examination on behalf of shall result in immediate Prosecution – 10 minutes disqualification. • Final argument on behalf of Prosecution • The submission of the same paper book – 8 minutes does not necessarily entitle teams to any • Final argument on behalf of Defence – 8 additional marks. minutes
2. SEMI-FINAL AND FINAL – Total time allotted is 82 minutes XVII. ORAL ROUNDS4 - Each speaker • Opening statement on behalf of shall have to conduct either of the Prosecution – 5 minutes two examinations and deliver the • Opening statement on behalf of Defence
4Exhibits of the case will be provided to the – 5 minutes Hon’ble Court by the organizers only.
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• Examination-in-Chief on behalf of • Understanding the laws of evidence and Prosecution – 12 minutes procedure • Cross-examination on behalf of Defence • Ability to successfully conduct – 14 minutes chief/cross examination within the • Examination-in-Chief on behalf of allotted time Defence – 12 minutes • Ability to elicit favourable facts from • Cross-examination on behalf of witnesses Prosecution – 14 minutes • Ability to deal with unreceptive, • Final argument on behalf of Prosecution argumentative or hostile witnesses – 10 minutes • Ingenuity (ability to argue by analogy • Final argument on behalf of Defence – from related aspects of law) 10 minutes • Knowledge of relevant provisions relating to penal laws Teams are not permitted to raise issues Written submission in the oral rounds that have not been • submitted in the written brief.
Researchers are permitted to pass notes XIX. QUERIES AND to the speakers at the discretion of the CLARIFICATIONS – All the judges. Such notes should be passed queries and clarifications through court officers present in the (regarding the case study) must be courtrooms. addressed to official mail id of the organizers ([email protected]) and The use of any electronic gadget is the subject of the mail must read as strictly prohibited, during the oral “QUERY_5th KNMTC” on or rounds, subject to the discretion of the before 15thMarch, 2019. A judges. compiled list of queries and their XVIII. JUDING CRITERIA – clarifications will be released for Parameters for judging the teams all the teams by 20th March, 2019, are as follows 2300 hrs. Noqueries directed to the • Knowledge of facts contact person otherwise than a • Logic and clarity in reasoning mail, shall be entertained • Persuasiveness and deference to court whatsoever the case may be. • Proper, articulate and systematic analysis of the issues arising out of facts
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XX. CERTIFICATES5 - Certificates competition and the decision shall will be awarded, only to the stand final. participants during the valedictory ceremony and under no circumstances will it be provided to any participants absent during the ceremony.
XXI. AWARDS – Based upon their performance during the rounds, participating students would be given following awards
• Winning Team – Trophy and cash prize of ₹ 50,000 • 1st Runner-up Team – Trophy and cash prize of ₹ 30,000 • 2nd Runner-up Team – Trophy and cash prize of ₹ 15,000 • Best Student Advocate – Trophy and cash prize of ₹ 10,000 • Best Written Brief – Trophy and cash prize of ₹ 10,000
XXII. DISCLAMER–
The institution/society has full right reserved to modify and cancel any rules as it deems fit to the situation at any time in due course of the
5Teams should recluse from changing the name since the names mentioned in the registration form shall be used on the certificates.
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CONTACT
DR. PAROMITA CHATTORAJ
FACULTY CONVENOR,
KIIT TRIAL AND APPELLATE ADVOCACY SOCIETY
EMAIL ID- [email protected]
ALI MOID SAURAV KUMAR
STUDENT CONVENOR STUDENT JOINT CONVENOR
TH TH 5 KNMTC, 2019 5 KNMTC 2019 EMAIL ID- EMAIL ID-
[email protected] [email protected]
MOB NO- 7607600967 MOB NO- 6201370032
TORSHA SAHA KAUSHIK CHAKRABARTI STUDENT ASSOCIATE MEMBER STUDENT ASSOCIATE MEMBER 5TH KNMTC 2019 5TH KNMTC 2019 EMAIL ID- EMAIL ID- [email protected] [email protected] MOB NO- 7488389523 MOB NO- 9178126073
Email id- [email protected]
Facebook-https://www.facebook.com/klstaas/
th 5 KIIT National Mock Trial Competition, 2019
TIMELINE
Releasing Of Case Study, Rules, Regulations 19thFebruary, 2019 And Registration Form.
Last date of online registration. 5th March, 2019
Last date of offline registration. 12th March, 2019
Last date of sending of queries. 15th March 2018
Release of clarifications. 20th March, 2019
Last date of submission of soft copy of written 28th March, 2019 by 2300 hrs brief.
Registration at the venue. 05th April, 2019 (1100 hrs)
Opening ceremony, draw of lots, exchange of 05th April, 2019 (1600 hrs) written brief, allotment of witness.
Preliminary and Quarter final round. 06th April, 2019
Semi-final & Final Round. 07th April, 2019
Valedictory Session. 07th April, 2019
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ORGANISING COMMITTEE
Chief Patron – Prof. (Dr.) Achyuta Samanta Founder and Mentor KIIT and KISS
Patrons – Prof. Ved Prakash Chancellor, KIIT Deemed to be University
Prof. (Dr.) Subrata Kumar Acharya Pro-Chancellor, KIIT Deemed to be University
Prof. Hrushikesha Mohanty Vice Chancellor, KIIT Deemed to be University
National Co-ordinator- Prof. (Dr.) N.K Chakrabarti Director, School of Law KIIT Deemed to be University
Faculty Convenor – Dr. Paromita Chattoraj Associate Dean (Academics) School of Law, KIIT
Student Convenor – Ali Moid 5th Year
Student Joint Convenor – Saurav Kumar 4th Year
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ORGANISING COMMITTEE Advisory Board
th Aman Yadav 5 Year
th Gaurav Satpathy 5 Year
th Niharica Chaudhary 5 Year Vibhav Seth 5th Year th Tasmia Ahmed 5 Year
th Alibha Mishra 5 Year Ankita Mehra 5th Year Atul Jai Anand 5th Year
Student Board
Vedant Sadangi 4th Year Aparna Srivastava 4th Year Anupama Kumari 4th Year Ramnesh P Kumar 4th Year
rd Krishna Bhattacharya 3 Year rd Kaushik Chakraborty 3 Year Anish Roy 3rdYear Torsha Saha 3rdYear Ritwik Bhushan 3rdYear Arkoprobho Roy 3rdYear Shantanu Singh Chandel 3rdYear Tithi Neogi 2nd Year Aishwarya Pratap Jena 2nd Year Ishaan Michael 2nd Year
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Himanshu Kumar 2nd Year Jyoti Panigrahi 1st Year st Ipsita Parida 1 Year st Priya Sharma 1 Year st Shrey Tripathi 1 Year st Anindita Chattopadhya 1 Year Rohit Kumar 1st Year
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FORM – 1
5TH KIIT NATIONAL MOCK TRIAL COMPETITION
ORGANISED BY TRIAL AND APPELLATE ADVOCACY SOCIETY (TAAS) SCHOOL OF LAW, KIIT Deemed to be UNIVERSITY
Name of the Institute:
Contact person of the Institute:
Mobile no.-
Email Id:
Payment Details:
Demand draft should be made in the favour of KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY
Payable at BHUBANESWAR of ₹ 4000 per team.
(Note: Please enclose scanned copy of Demand Draft to [email protected])
DEMAND DRAFT NUMBER AND DATE: ......
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PARTICIPANT’S DETAILS
Advocate-I
Name -
Year of Study -
Mob No. -
Email Id -
Sex- Male/Female
Signature
Advocate-II
Name-
Year of Study-
Mob No.-
Email Id- Sex- Male/Female
Signature
Researcher
Name-
Year of Study-
Mob No.-
Email Id-
Sex- Male/Female
Signature
Sign and Seal Head of the institution
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Any Other Comments
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