Moot Problem Released: 1ST P.A INAMDAR MOOT COURT COMPETITION, 2013-14 Moot Problem... Stree Shakti Union v. State of Shwetrashtra The country of Hindiana is an Asian country which follows the parliamentary form of government. Since it shares common boundaries with India, and due to India’s tremendous political influence over Hindiana, the laws of India are ‘Pari Materia’ with the laws of Hindiana. On 26th February, 2013, a barbaric incident shook the city of Mune. A 30 year old woman along with her husband while returning home after attending a wedding at night was stranded due to the public transport strike which was going on at that time. After waiting for an hour, hope surfaced in the form of an Auto-Rickshaw which they hired. The driver after driving for a while; halted the vehicle at an abandoned place. After profusely beating up the husband with a hammer, he fell unconscious. Though the woman tried to run as far as she can to safeguard her chastity but couldn’t due to the insufficient street lights. After chasing the woman, the driver dragged her till the vehicle, and raped her. After, sufficing his lust, he stabbed her to death. Criminal proceedings were initiated against the driver. After the investigations it was revealed that the accused was aged 17 years 10 months when he committed the offence. The Auto-Rickshaw union has discarded him being a driver as they had lodged a separate complaint of a vehicle being stolen on 26th February itself. He was acquitted in the lower court for being a Juvenile. The High Court upheld the judgment delivered by the Trial Court. The accused has even contended that he was child who was without any home or settled place since childhood. Stree Shakti Union, a reputed N.G.O. filed a Public Interest Litigation, in the Supreme Court of Hindiana challenging the constitutionality of The Juvenile Justice (Care & Protection of Children) Act, 2000. The matter has been posted for final hearing on 20th of December, 2013. The counsels have to argue on behalf of the Stree Shakti Union and The State of Shwetrashtra. ****
Posted on: Wed, 04 Dec 2013 19:15:16 +0000
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