MOOT PROBLEM – 6

MOOT PROBLEM – 6

Arjun was seventeen years old in 1995 when he forcibly kissed Pinki, a sixteen years old girl in his school he was very attracted to. Pinki filed a case of sexual assault against him. After seventeen years of the case pending before a Magistrate, he was convicted and sentenced to six months of simple imprisonment in 2012 and a fine of Rs.1000/- In this period, both Arjun and Pinki had settled well in their respective families after marriage and both have their own children. Arjun has a steady job and this imprisonment will cause him his job.

His appeal to the Sessions Court and the High Court was dismissed in quick succession on the ground that offences against women were on the rise and needed to be dealt with severe punishment.

Arjun filed an appeal before the Supreme Court on sentence. He prayed for setting aside of the sentence of imprisonment under the IPC and sought release on probation either under the Probation of Offenders Act 1958 or under the Juvenile Justice Act 2000. The Supreme Court in June 2016 dismissed the appeal and confirmed the order of the magistrate.

Arjun has filed a review petition against this decision praying for setting aside of the punishment imposed on him. He is arguing that the sentence of imprisonment is against all principles of sentencing and also not in consonance with the provisions of the Juvenile Justice Act 2015 under which his offence is classified as a petty offence.

Memorial is required to be filed only for one party. The date and time for submission of memorial and oral arguments will be decided by the teacher.