Professional Documents
Culture Documents
IN THE MATTER OF
STATE OF KAUSATI.......................PROSECUTION
V.
PETER ..........DEFENCE
TABLE OF CONTENTS
INDEX OF ABBREVIATIONSIII
INDEX OF AUTHORITIES.IV
STATEMENT OF JURISDICTION....VIII
STATEMENTS OF FACTS.....IX
STATEMENT OF ISSUES.......X
SUMMARY OF ARGUMENTS..XI
ARGUMENTS ADVANCED1
1. WHETHER PETER CAN BE HELD GUILTY OF OFFENCE
U/S 302, IPC?
ii
TABLE OF ABBREVIATIONS
Paragraph Number
Paragraph Numbers
&
And
AIR
Anr.
DPSP
IPC
No.
Number
Ors.
Others
p.
Page Number
pp.
Page Numbers
s.
Section
SC
Supreme Court
SCC
ss.
Sections
U/s.
Under Section
v.
Versus
Vol.
Volume
iii
INDEX OF AUTHORITIES
TABLE OF CASES
S.NO
1
NAME OF CASES
Bhagwanji Appaji v. Kedari Kashinath
CITATIONS
(1900) ILR 24
Bom 202
AIR 1972 SC 2574
AIR 1983 SC 66
10
11
Hanumant v. State of MP
1987 Cr LJ 1481
(Ori)
1995 SCC (Cri)
702
1988 Cri LJ
627,630
2000 Cr LJ 4893
(Ker) (DB)
AIR 1952 SC 343
12
13
Kedar v. State
14
Anant v. State
15
Agarwal v. State
16
17
18
1975 Cr LJ 2692
(SC)
1954 Cr LJ 1797
(SC)
1971 Cr LJ 1452
19
20
iv
21
22
(2015) 42 SCD
313
23
Rajinder v. State
24
25
26
27
28
29
30
31
Habeeb Mohd
32
Attwood Re
33
Haughton v. Smith
34
35
36
37
38
39
40
41
42
43
43
44
45
46
Ramesh v. State
AIR 1960 SC 154
47
Chandani v. Bhahataran
48
1964 Cr LJ 85
1989 Cr LJ 669
49
Dada Hamnat
(1895) 20 Bom
794
50
51
52
(2004) 1 Mah LJ
487
53
A.K Gopalan
54
2007 Cr LJ 204
55
56
1995 Cr LJ 3559
BOOKS REFERRED
1. GAUR, KD, CRIMINAL LAW: CASES AND MATERIALS, (6TH ED. 2009)
2. P.S.A. PILLAI, CRIMINAL LAW, LEXIS NEXIS, INDIA, 2015, 12TH EDITION
3. I, KATHURIA, R.P. SUPREME COURT ON CRIMINAL LAW, 1950-2002, ( 6TH ED.
2002)
4. III, SARVARIA, SK, INDIAN PENAL CODE, (10TH ED. 2008)
5. LAL, BATUK, THE LAW OF EVIDENCE, (18TH ED. 2010)
6. RATANLAL AND DHIRAJLAL, THE INDIAN PENAL CODE, 33RD ED. (2011)
7. RATANLAL AND DHIRAJLAL, THE LAW OF EVIDENCE, 22ND ED. (2006)
vi
STATUTES REFERRED
CONSTITUTION OF INDIA
JOURNALS REFERRED
WEBSITES REFERRED
www.lexisnexis.co.in
www.indiakanoon.org
www.manupatra.com
www.westlawindia.com
www.heinonline.org
vii
STATEMENT OF JURISDICTION
The Petitioner has approached this Honble Court by the way of Criminal Appellate under
Article 134(1)(c) of the Constitution of Yangistan.
viii
STATEMENT OF FACTS
Daina was a popular television actress in a country named Yangistan. She was found hanging
on 1st April 2015 from the ceiling of her two-bedroom apartment in Kasauti Nagar area where
she was living in with her partner Peter. Her body was discovered by a scared Peter, who
rushed her to Fora Hospital and then fled from the place. The declaration and news of her
death was informed to the police by the hospital authorities and not by Peter. Peter was
detained by the Police for interrogation at an unknown location. The dead body of Daina was
shifted to Kopra hospital for post-mortem. The post-mortem report of Daina body revealed
suffocation as the cause of death and also mentioned of asphyxia and ligature marks
around her neck. Apparently, marks were found on her body (cheeks and nose area). During
investigation, the police found that Dainas pass book and debit card was used by Peter. The
bank statement revealed transactions including two transactions of Rs. 1 lakh each on 18th
March and 19th March, 2015. Daina had informed her friends of being physically assaulted
and received death threats if she informed the police. Peter has a record of cheating seven
women and duping around Rs. 25 lakh in the past. Peter was earlier married to Marry, and
has not got a divorce decree yet and his 9-years old son and illicit relationship with Margarate
surfaced later. The police also interrogated Margarate who explained how she knew Peter for
5 years, started a business with him and finally landed in heavy debt after investing around
Rs. 30 lakhs in the business. During the interrogation, Peter revealed to the police that Daina
had nothing of her own, and that he got her passport, Aadhar Card and individual accounts
done. After investigation, Peter was put to trial before the Sessions Court. The Court
convicted Peter under S.302, S.323 and S.506 of IPC, 1860 and sentenced him to life
imprisonment. He was awarded rigorous imprisonment for 2 yrs under section 506 of IPC
and imprisonment for 1yr under section 323 of IPC. Both the sentences were to run
concurrently. During the trial Peter was on bail. Peter appealed before the High Court seeking
acquittal. The High Court adjudicated in favour of the accused by acquitting him from the
charges under S.302, S.323 and S.506 of IPC, 1860 and dismissed the appeal of the State,
being bereft of any substance. Aggrieved by the said judgment of the High Court, the State
filed an appeal before the Supreme Court. The State appealed for considering the offence as
heinous and to award life imprisonment under S.302, S.323 and S.506.
ix
STATEMENT OF ISSUES
ISSUE 1: WHETHER PETER CAN BE HELD GUILTY OF OFFENCE U/S 302, IPC?
ISSUE 2: WHETHER PETER CAN BE MADE LIABLE FOR CRIMINAL CHARGE U/S
323, IPC?
ISSUE 3: WHETHER PETER CAN BE HELD GUILTY OF OFFEN CE U/S 506, IPC?
SUMMARY OF ARGUMENTS
ISSUE 1
ISSUE 2
PETER CAN BE MADE LIABLE FOR CRIMINAL CHARGE U/S 323, IPC.
The medical reports of the experts mention that injuries were found on the victims body
(nose and cheek) which could be caused post a physical scuffle between them this satisfies
the ingredients of S.323 and hence Mr. Peter must be made liable for this criminal charge.
ISSUE 3
xi
ARGUMENTS ADVANCED
(i)
(ii)
(iii)
(iv)
The post mortem report of Daina revealed suffocation as the cause of death.9 Suffocation is a
type of asphyxia. Suffocation is that form of death that results from exclusion of air from the
lungs, by means other than that of the compression of the neck.10
In homicidal smothering, affected by the forcible application of the hand over the mouth and
the nostrils, bruises and abrasions are often found on the lips and on the angles of the mouth
and alongside the nostrils. There may be bruises and abrasions on the cheeks and the molar
regions, or on the lower jaw, if there has been a struggle.11
The facts of the case at hand reveal that the post mortem report show marks on her body
(cheeks and nose area) which should have been injuries post a physical scuffle. Placing
reliance on the Principles of Medical Jurisprudence, it can be concluded that there was a
physical scuffle between Daina and Peter which should have led to the formers murder by
the latter.
1.3 Balance in favour of post-mortem hanging
A person may be murdered, and the dead body suspended to simulate suicide. In such a case,
ligature mark is usually found. Therefore, when a person is found dead and his body is
suspended, no opinion can be given from ligature mark alone, and there should be a question
whether death really took place from hanging or not.12
In the present case, the post-mortem report is silent about the internal appearance of the
deceaseds body. However, with regard to the external appearance, it is clearly mentioned in
the facts that ligature marks were found on the neck. Placing reliance on the inputs given by
the Honble Supreme Court13, it is humbly contended before this Court that the cause of the
deceaseds death was homicidal hanging/ post- mortem hanging.
1.4 Due consideration to expert opinion
Medical evidence consists of a doctors report of the examination, reports of the ballistic
firearms or fingerprint experts or of the chemical examiner and serologist, and the doctors
oral evidence or other experts oral evidence.14
15
Hence, placing reliance on this principle, it is humbly contended before this Honble Court
that possibility of Peter being guilty can be inferred from the facts and circumstances
abovementioned and also creates benefit of doubt in favour of prosecution by his intention to
dodge the police.
1.6 Hearsay evidence to be regarded for explanation of witnesses conduct
The facts of the case stated hearsay evidences.19
In Mani Lal Gupta v. State20, the court held that
The witness was aroused on hearing the cries of two other prosecution witnesses that the
accused had killed the children. His evidence of what he heard is admissible.
Based on the above ratio held by the court, it is contended that hearsay evidence is
admissible in the Court of law to meet the ends of Justice. Therefore, it is pleaded that the
hearsay evidence must be taken into account in the instant case also.
1.7 Circumstantial evidence acts as a key to deduce guilt of the Accused
For a crime to be proved, it is not necessary that the crime must be seen to have been
committed and must, in all circumstances, be proved by direct ocular evidence i.e., by
examining the persons who had seen its commission. The offence may be proved by
circumstantial evidence also. The principal facts or factum probandam may be proved
indirectly by means of certain inferences drawn from factum probans, i.e., the evidentiary
facts.21
Chief Justice Abbot observed: In a great portion of trial, as they occur in practice, no proof
that the party accused actually committed the crime is or can be given; the man who is
charged with theft is rarely seen to break the house or take the goods; and in case of murder,
19
-The friend of Peter Sandy stated Daina and Peter had their ups and downs but looked very much in love.
Daina and Peter were young and new in their relationship.
- Producer Henry said he had offered a show to Daina, but she was not keen to accept the offer because of the
trouble in her personal life. He stated that, She was having trouble in her personal life. She had distanced us
from her so we dont know exactly what happened. She was away from her family...we used to meet her every
day. As friends we know she was having problem.
- Daina had informed her friends of being physically assaulted. She also revealed to her friends that he was
persistently threatening her if she informs the police he will kill her. Peter never let Daina talk to her parents.
20
1988 Cri LJ 627,630
21
Omanakullam v. State of Kerala, 2000 Cr LJ 4893 (Ker) (DB)
it rarely happens that the eye of any witness sees the fatal blow struck, or the poisonous
ingredient poured into the cup.22
Circumstantial evidence like all other evidence should be carefully tested before it is accepted
as conclusive. It may be laid down as an elementary rule of law that in order to justify
inference of guilt the inculpatory facts must be incompatible with the innocence of the
accused and incapable of explanation of any other reasonable hypothesis than that of the guilt
of the accused.23 The chain of evidence furnished by the circumstances should be so complete
as not to leave any reasonable ground for a conclusion consistent with the innocence of the
accused. It must be wholly inconsistent with his innocence and consistent only with his
guilt.24 It was held in the case of Bhagat Ram v. State25, that
When the case depends upon the circumstantial evidence, the cumulative effect of the
circumstances must be such as to negate the innocence of the accused and bring home the
offences beyond reasonable doubt. Therefore, inference of guilt of the accused on the basis or
circumstantial evidence can be justified only when all the incriminating facts and
circumstances are all incompatible with the innocence of the accused.26
In the present case, the facts clearly state that upon discovery of Dainas death, Peter was so
scared that he rushed her to the hospital and then ran away, without informing the police. It is
pertinent to that the hospital authorities only informed the police about Dainas death.
Furthermore, the post-mortem report revealed asphyxia and suffocation as the cause of death.
In addition to it, the post-mortem report accounted that the marks found on her cheek and
neck could have been injuries post a physical scuffle between the accused and the deceased.
Also, the victim had informed her friends of being physically assaulted by Peter and that he
persistently threatened to kill her if she informed the police.
22
The facts clearly stated that he had a record of cheating seven women and duping around Rs.
25 lakhs in the past. He was also previously married to an air hostess Marry and had not
obtained a divorce decree and had an illicit relationship with Margarate.
It is apparent from the circumstances of the case that he had lied about partying with Daina
and a common friend the night before her demise, while it was confirmed by the CCTV
footage of the pub that he had partied with another girl named Sara.
In Tomaso Bruno & Anr. v. State of U.P.,27 the Supreme Court in paragraph 42 of its
judgement said that,
The courts below have ignored the importance of best evidence i.e. CCTV camera in the
instant case Electronic documents are admissible as material evidence. The computer
generated electronic records in evidence are admissible at a trial if proved in the manner
specified by Section 65B of the Evidence Act. Secondary evidence of contents of document
can also be led under Section 65 of the Evidence Act. Production of scientific and electronic
evidence in court as contemplated under Section 65B of the Evidence Act is of great help to
the investigating agency and also to the prosecution.
Placing reliance on the principle elucidated in Tomaso Brunos case, it is humbly contended
that the CCTV footage is important and strong evidence that supplements the circumstantial
evidence in the instant case.
Moreover, it is mentioned that when Daina complained about being assaulted by Margarate to
Peter, he used to switch his phone off.
A careful scrutiny of facts would also suggest the difference in statements made by Peter and
Sam, the neighbours cook, who was the first person to enter Dainas locked apartment. Such
incongruity disputes Peters credibility. Further, the trouble brewing between Daina and Peter
was also confirmed by Producer Henry, whose offer for a television show was turned down
by the deceased. Also, there was no suicide note discovered which poses the issue of Dainas
death being a suicide.
Therefore, it is contended before this Honble Court that the chain of factual and electronic
evidence in this case is wholly inconsistent with the innocence of the accused.
27
31
1970 1 Cut WR 98
Noble Mohandas v. State by Deputy Inspector of Police, 1989 Cr LJ 669
33
2007 (1) BLJR 65
34
[1984] Supp SCC 233
32
Rai v. State of Bihar35 it was held that if medical evidence when properly read shows two
alternative possibilities but not any inconsistency, the one consistent with the reliable and
satisfactory statements of the eye-witnesses has to be accepted.
In Mayur v. State of Gujarat,36 the Supreme Court observed learned judge was right in
observing that
our courts have always taken the doctors as witnesses of truth.
Even where a doctor has deposed in court, his evidence has to be appreciated as evidence and
there is no irrebuttable presumption that a doctor is always a witness of.
It is brought before this Honble court that the medical reports by the experts clearly indicate
some injuries which were largely seen on Dainas nose and cheeks. Daina was a young
woman who was in love with the accused and abided by his words to make their relationship
work, she was not allowed to even have telephonic communication with the parents and Mr.
Peter has also assaulted her, this has put Daina to a state of mind where she was extremely
depressed and helpless. Mr. Peter has brutally made use of this situation has hurt and
assaulted her in the name of love and relationship.
2.2 It is contended that conduct37 of an accused must be considered
In criminal proceedings, character of an accused is often a matter of importance in explaining
his conduct and judging his innocence and culpability. Various acts of an accused may appear
to be suspicious or free from suspicion when we come to know about the character of the
person by whom they were committed. Even on the question of quantum of the sentence,
general good character of the accused is a relevant and important consideration.38
In the instant case, it is stated that Peter had had a record of cheating seven women and
duping around Rs. 25 lakh in the past. It was also alleged that he assaulted her and
persistently threatened to kill her if he informed the police. Therefore, it is contended that the
previous conduct of Peter was bad and the same must be taken into account.
2.3 Proof of contents of electronic records S.65A, 65B of The Indian Evidence Act, 1872
must be taken into consideration
35
10
S.65A says that the contents of electronic records may be proved in accordance with
provisions of S.65B. It prescribes the mode of proof of contents of electronic records. The
primary purpose is to sanctify proof by secondary evidence. This facility of proof by
secondary evidence will apply to any computer output, such output being deemed as a
document. The section lays down certain conditions which have to be satisfied in relation to
the information and the computer in question. Where those conditions are satisfied, the
electronic record shall become admissible in any proceedings without further proof or
product of the original evidence of any contents of the original or of any face stated in it.
The courts below have ignored the importance of best evidence i.e. CCTV camera in the
instant case Electronic documents are admissible as material evidence. Production of
scientific and electronic evidence in court as contemplated under Section 65B of the Evidence
Act is of great help to the investigating agency and also to the prosecution.
Placing reliance on the principles laid in this case Tomaso Bruno & Anr. v. State of U.P.,39 it
is humbly contended that the CCTV footage is important and strong evidence that
supplements the circumstantial evidence in the instant case. It was also held in the case of
Rajinder v. State40 that when the circumstantial evidence proves the guilt the failure to prove
the motive does not weaken the case against the accused.
Therefore, the electronic record must be made admissible in this Honble Court as it fulfils
the conditions mentioned in Section 65B of Indian Evidence Act, 1872 and to throw light
upon contradicting statements made by Mr. Peter that he was partying with Daina the night
before her death which is false as the CCTV footage clearly points out he was with another
girl, this can also be taken into account that Mr. Peter has been under the guilt of hurting
Daina and has been making statements which are not true because of fear. Also, the learned
counsel therefore humbly submits that relying on these precedents, it can be inferred that Mr.
Peter has hurt Daina which is supported not only by the medical reports given by medical
experts which were analysed by the Sessions Court but also the explicit oral communication
by Daina to her friends that she had been physically assaulted and Mr. Peter threatened to kill
her if she informed the police.
2.4 S.351 of Indian Penal Code defines Assault
39
40
11
In English law actual infliction of bodily injury is called battery. Assault in English Law is an
attempt to cause injury to another and whoever by the show of force and gesture creates a
reasonable apprehension of danger to life or limb in the mind of another is guilty of assault.
Actual infliction of injury is battery. Hurt is equivalent to battery in English law. Kenny
designates assault as non sexual offence non fatal in character. The fall roughly into two
classes:
(a) Those which occasion actual bodily harm
(b) Those which in which actually bodily harm is not necessary
It was held that these separate statutory offences and they should now be charged as being
contrary to S.39 of Criminal Justice Act,1988. In a case of actual as well as apprehended
unlawful force a charge of common assault should be formulated by using the phrase assault
by beating. The Court of appeal had allowed an appeal against conviction for assault
occasioning actual bodily harm and held that inadvertent recklessness, that is, failure to give
thought to possibility of risk involved in pursuing a course of action was insufficient to
amount to mens rea required for conviction u/s. 47 of Offences against Persons Act. A
cardinal principle of criminal law is embodied in the maxim acts non fact rename miss mens
sit rea.
In Haughton v. Smith,41 Lord Hailsham LC states that
An act does not make a man guilty of a crime, unless his mind if also guilty.
Even though there were only communications of assault which was made by Daina before her
death it is apparent after the medical reports by the medical experts of marks on her nose and
cheeks which might have been because of a physical scuffle between them. This is vital
enough that there has been an offence of assault committed by Mr. Peter.
With the bases of all the principles and precedent and keeping in mind the record of activities
and the number of people Mr. Peter has cheated on we can therefore prove that he fulfils the
elements of crime, which is, Intention is the mental element of crime ordinarily involves no
reference to motive, A bad motive or a good motive cannot be grounds for convicting a
41
12
person.42 Intention has been defined as the fixed direction of the mind to a particular object
or determination to act in a particular manner and it is distinguishable from motive that
incites or stimulates action.43 In criminal law, Motive may be defined as that which leads or
tempts the mind to indulge in a criminal act or as the moving power which impels to act for a
definite result.44
Knowledge is awareness on the part of the person concerned, indicating his mind. A person
can be supposed to know when there is a direct appeal to his senses.45 It is also seen in the
case Westminster City Council v. Croyalgrange46 that Knowledge is normally required as to
all the circumstances of the actus reus. Knowledge is essential subjective, however intention
and knowledge and intention can be presumed to be one and the same but the demarcating
line between knowledge and intention is no doubt thin. But knowledge is contrast to
intention. Intent signifies mental realisation in which the mind is a passive receipts of certain
ideas or impressions arising it. While intention is connotes a conscious state of mind which
mental faculties are summoned into action for deliberate, prior conceived and perceived
consequences.47 It can therefore be seen that he had clear knowledge that Daina was under a
crucial financial position but yet decided to assault and hurt her also threatened her and his
motive was only to cheat her like he has done with plenty other women, one of who was Ms.
Margaret who admitted during the police investigation about the history of women he has
been with and other heinous acts.
Hari Singh Gour- IPC, Vol 1 11 edition Law publishers, Allahabad 1998 p. 232, Ram Kumar v. State AIR
1970 Raj 60 Sarabjeet Singh v. State of UP 1984 SCC (Cri) 151 AIR 1983 (SC) 529
43
S Raghubir Singh Sandhwala v. Commr., IT AIR 1959 Punj 250
44
State of West Bengal v. Mohammad Khalid AIR 1995 SC 785
45
Hari Singh Gour- IPC, Vol 1 11 edition Law publishers
46
1986 ALL ER 353
47
Jai Prashanth v. Delhi Administration, 1991 2 sec 32, 1991 (1) Scale 114.
13
The acts of assaulting Daina has been voluntary by Mr. Peter and it was already been brought
to light by the counsel for prosecution,
III Section 334 : Voluntarily Causing hurt on Provocation Whoever voluntarily causes
hurt on grave and sudden provocation if he neither intends nor knows himself to be likely to
cause hurt to any person other than the person who gave the provocation shall be punished
with imprisonment of either description for a term which may extend to one month or with
fine which may extend to 500 rupees or with both.
Mr. Peter is guilty of this offence as he has satisfied the elements under S.323 of the I.P.C.
Therefore, on account of the submissions put forth before this Honble Court, it is humbly
contended before this Honble Court that Mr. Peter is guilty u/s 323 of IPC.
48
Criminal intimidation.Whoever threatens another with any injury to his person, reputation or property, or to
the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person,
or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that
person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
49
S.506 Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or
grievous hurt, etc.And if the threat be to cause death or grievous hurt, or to cause the destruction of any
property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment
for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
50
51
14
Ingredients - S.503 has the following essentials(1) There should be a threat of injury to a person
(i) To his person, reputation or property or,
(ii) To the person or reputation of anyone in whom that person is interested.
In the case of Ramesh v. State52 the Supreme Court opined that the conviction under 506 for
criminal intimidation is valid where a father and daughter were threatened with injury by
publication of indecent photographs of the daughter with the intent to cause alarm and also to
get hush money.
(2) The threat must be with intent,
(i)To cause alarm to that person, or
(ii)To cause that person to do any act which he is not legally bound to do as the means of
avoiding execution of such threat, or
(iii)To cause that person to omit to do any act which that person is legally entitled to do as the
means of avoiding execution of such threats.
In the case of Chandani v. Bhahataran53 the Court laid down
The threat must be communicated or uttered with the intention of its being communicated to
the person threatened for the purpose of influencing his mind.
3.2.1 First ingredient of criminal intimidation (Threat of injury to a person) is satisfied
Injury is defined in S.4454 of the Code. It involves doing of an illegal act. Where the accused
held out a threat of getting a Head Constable of police dismissed from service, it was held
this did amount to such threat of injury as was punishable under this section.55
Threatens another with any injury- the term threat56 is the declaration of an intention to
inflict punishment loss or pain on another. The gist of the offence is the effect which the
threat has decided to have upon the mind of the mind of the person threatened. It is clear that
before it can have any effect on his mind it must be either made to him by person threatening
52
15
or communicated to him in such a manner. The threat referred to in this section must be a
threat communicated or uttered with the intention that victim is so abused by the accused.
The threat must be communicated or uttered with the intention of it being communicated to
the person threatened for the purpose of influencing his mind.57 In order to be liable for
criminal intimidation, the injury threatened to be caused must be an illegal one.
In the case of Noble Mohandas v. State58 the Court laid down that in order to attract Section
506(2), the threat should be a real one and not just mere words.
In the instant case, Daina had revealed to her friends that Peter was assaulting her persistently
threatening to kill her if she informed the police. There was a threat of injury to Dainas
person and the threat to kill her is illegal in nature.
(i) The condition of Threat to Property is satisfied
In the view of facts, and circumstances of the case in hand and submissions made by the
witnesses it can be clearly established that during the investigation the police came to know
the fact that Dainas pass book and debit card was used by Peter. The bank statement
revealed that the account has been swiped out to zero balance and the last transaction was a
debit of Rs 395 on March 30, 2015. Apart from that the bank statement revealed that the last
major credit was of Rs 1 lakh each on March 18 and 19 through an ATM and prior to that on
March 2, 2015 from Alpha Entertainment of Rs 1.11 lakh. Rs 1 lakh deposited on March 18
was withdrawn in multiples of Rs 10,000 from ATMs and out of the Rs 1 lakh deposited on
March 19, 2015 Rs 40,000 was withdrawn from ATMs on March 21, 2015. From the above
findings made by the Police department it can be construed that Daina was possessing a great
threat on her property.
(ii) The condition of Threat to Person is satisfied
From the facts of the instant case, it can be clearly established that Daina had informed her
friends of being physically assaulted. She also revealed to her friends that he was persistently
threatening her if she informs the police he will kill her.Therefore, it can be perceived from
the facts of the case that Daina was possessing threat to her person.
Presumption of Facts in pursuance of S.114 of the Evidence Act.
57
58
Ganga Chandra Sen v. Gour Chander Bankiya (1885) ILR 15 Cal 671
1989 Cr LJ 669
16
Presumption of facts are inferences from certain facts drawn from experience and observation
of the common course of nature, the constitution of human action, usage and habits of the
society and ordinary course of human affairs. Sec. 11459 of the Evidence Act is a general
provision dealing with presumption this kind and the Court has the discretion on the facts of
each case to draw such presumption of facts. By invoking the above principle, it is pleaded
that engagement of Daina and Peter was covered in newspapers. It was in full media glare as
stated in the facts of the instant case. It can be presumed at this juncture when Daina came to
know about Peters illicit relationship and his record of cheating other girls, caused an alarm
to Daina who was all set to marry him. Based on the aforementioned, it is contended such act
of Peter would have been an instant threat to Dainas reputation.
Therefore, it is contended from the above stated submissions that Mr. Peter had threatened
Daina with injury to her person, property and reputation.
3.2.2 Second ingredient of criminal intimidation (The threat must be with intent) is satisfied
The threat must be with intent. However, a mere threat does not amount to criminal
intimidation. It must be made with intent to cause alarm to the person threatened. 60 It is
immaterial whether it has alarmed the recipient of the threat.
There has been a causation of Alarm in the instant case. To constitute criminal intimidation,
the threat must cause, inter alia, alarm in the mind of the victim. It is the intention of the
speaker that has to be considered in deciding whether what he has stated comes within the
mischief of section 503, I.P.C.61 To constitute an offence it must be shown that the person
actually threatened another with an injury to his person, reputation or property or to the
person or reputation of anyone in whom that person is interested, with the intent to cause
alarm.62 Before an offence under this Section is made out, it must be established that the
accused had an intention to cause an alarm to the complainant.
3.3 Conclusion
59
Court may presume existence of certain facts. The Court may presume the existence of any fact which it
thinks likely to have happened, regard being had to the common course of natural events, human conduct and
public and private business, in their relation to the facts of the particular case
60
Amitabh Adhar v. NCT of Delhi, (2000) Cr LJ 4772 (Del), (2008) 85 DLT 415
61
re A.K Gopalan , AIR1949 Mad 233
62
Tammineedi Bhaskara Rao and Ors v. State of Andhra Pradesh and Another ,2007 Cr LJ 204
17
It is clear from the facts of the case in hand that Mr. Peter was successful in causing an alarm
to Daina. It is commonly laid down principle of criminal jurisprudence that, intention is a
mental element which has to be gathered from the circumstances of the case in the hand,
based on the maxim actus non facit reum, nisi mens sit rea.
In the case of State of Haryana v. Janak Singh & Etc63 the Supreme Court opined that both
accused and the co accused are guilty of offence u/s 376, 511 and 506 of the IPC wherein the
criminal charge u/s 506 was upheld keeping in mind the facts of the case, which clearly
observed threat to the reputation of the complainant by producing indecent photograph of the
complainant. The Court also observed threat to her person, as the complainant was threatened
to be killed to death by the accused. This is enough to cause alarm and the court upheld their
conviction. Based on the above ratio held by the Supreme Court it is contended that the same
must be invoked in the instant case also to serve the need of justice.
In Amulya Kumar Behera v. Nabhagana Behera64 , it was held
The intention of the accused must be to cause alarm to the victim, and whether he is
alarmed or not is of no consequence.
Based on the ratio, in the instant case, it is clear from the facts in hand that Peter had a guilty
mind to cause alarm to Daina with regard to her person and property. Therefore, since all the
essential constituting an offence u/s 506 of the IPC has been satisfied, it is humbly contended
before this Court to take into account the aforesaid and discharge Peter for the offence of
criminal intimidation u/s 503, IPC and hence, punishable for the same u/s 506, of the
63
64
18
Wherefore in the light of issues raised, arguments advanced and authorities cited, the
Petitioner humbly submits that the Honble Court may be pleased to adjudge and declare Mr.
Peter with life imprisonment under S.302, S.323 and S.506.
And pass such orders proper in the circumstances of the case with costs, which this Court
may deem fit, in the light of equity, justice and good conscience for which the counsel may
forever pray.
xii