Final Report of Trial Court

IV Semester B.A. LL.B. (Hons.) Course Report of III Internship Training

With Trial Court Phase II As a part of Clinical Training For the Academic year (2011-12)

Prepared & Submitted By Harshal Gupta (Roll No): 10BAL017

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Sr. No.

Subject

Page No.

1.

Preface

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2.

Acknowledgement

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3.

Certificate

4.

List of abbreviations

5.

Brief about Courts visited

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6.

Brief about Cases Studied and Attended:

9-13

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Brief facts of the case

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Brief About the charges

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Analysis of Statement of the witness

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Description of documentary evidence

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Gist of Arguments

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Judgement

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A. State V. Karan Singh B. State V. Bhagwanaram C. State V. Dharmaram & Santosh 7.

General Observations of the Functioning of the Trial

14-15

Court 8.

Your Experience during the Training

16-17

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9.

Appendix

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Weekly Reports

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This project is an outcome of six weeks placement programme of Institute of law,  Nirma University for the students of fourth semester. The main constituents of the  project are the report on cases observed at the trial court during the internship, the research on related issues and the weekly report of my work. I have tried my best to do justice with my activities and put it in black and white with the same effort as I did it during the interns.

 Name & Signature of Trainee

Date:

 ________________________

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I would like to express my gratitude to all those who gave me the possibility to successfully complete the four weeks trial court internship. I want to thank the Institute of Law, Nirma University for giving me opportunity to acquaint with the working and procedure of Trial court at the first instance, to do the necessary research work and to increase accessibility to the practical aspect of gaining knowledge.

I am deeply indebted to my supervisor Adv. Rajendra Choudhary & Adv. Girish Choudhary whose help, stimulating suggestions and encouragement helped me in all the time of scrutinizing the working at lower courts, research and writing of this report.

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1. CrPC- The Code of Criminal Procedure, 1872 2. IPC- The Indian Penal Code, 1860 3. NIA- Negotiable Instrument Act 4.

H’ble-

Honorable

5. HC- High Court 6. i.e.- that is 7. No.- Number 8. Sec.- Section 9. u/s- under section

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The District Courts administer justice in India at a district level. These courts are under administrative control of the High Court of the State to which the district concerned belongs. The decision of District court is subject to the appellate  jurisdiction of the High court. The highest court in each district is that of the District and Sessions Judge. This is the  principal court of  original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure. The district court is presided over by one District Judge appointed by the state Government. In addition to the district judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court. The district judge has supervisory control over Additional and Assistant District Judges, including decisions on allocation of work among them. The District and Sessions judge is often referred to as "district judge"   when he presides over civil matters and "sessions judge"  when he presides over criminal matters. Being the highest judge at

district level, the District Judge also enjoys the power to manage the state funds allocated for the development of judiciary in the district. Appointment of district judge and other Additional and Assistant district judges is done  by the state Government in consultation with the High court of the state. A minimum of seven years of practice as a lawyer at bar is a necessary qualification. Upon a written examination and oral interview by a committee of High court judges, the appointment of district judges is notified by the state Government. This is referred to as direct

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recruitment. District judges are also appointed by way of elevation of judges from courts subordinate to district courts provided they fulfill the minimum years of service.

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1. State V. Kar an Si ngh

Matter Pertaining to: 1

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This matter involves Sections- 363 , 366A , 376 , 120B IPC

Brief Facts of the Case: Complaint was filed on 30/08/11 by Ravindra Singh that his sister Jyoti Kanwar (15 years) was kidnapped on 26/08/11 and later on raped by Karan Singh. Karan Singh kidnapped Jyoti with the intention of getting married. Mangu Singh brother of Karan Singh informed the village Sarpanch that a girl has been brought by his brother. The Sarpanch called the family of the girl. Statement of the girl was taken under section 164 CrPC. To prove the age of the girl birth certificate was produced 6/8/96. On the basis of 4

the girl’s statement section 376, 120B   IPC were added and Karan Singh and Mangu Singh were arrested.

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363. Punishment for kidnapping Whoever kidnaps any person from 154[India] or front lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 2

366A. Procuration of minor girl Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. 3

376. Punishment for rape (1) Whoever, except in the cases provided for by subsection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. 4

120B. Punishment of criminal conspiracy (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 51[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

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Analysis of Statement of the witness It has been found that there is complete modulation in the statement of the girl. In the statements given to the police she said that she herself planned the running away thing with Karan Singh. Also she admitted that she used to talk to Karan Singh through STD,  by her mother ’s phone, by her friends phone etc. when she gave statement in front of magistrate she denied the police report and came out with another story. As per her statement she was forcefully taken away by Karan Singh and his brother on 26/08/11 at 2:20 am in Tavera car. There she was tortured and given anaesthesia. Later she was taken to Jaipur and some other places. His whole family was involved in the conspiracy. For 5 days she was continuously being raped by the accused.

Description of documentary evidence To prove the commission of rape medical test of both victim and accused was taken. Sample of blood, saliva, sputum were taken for test. As per the medical report the girl is not virgin.

Issues of the case: 

Whether accused has raped and kidnapped the girl or the girl had affair with the accused and the whole incident is merely a concocted story?

Brief Arguments: This case is at the stage of cross examination of witnesses and I witnessed the cross examination of accused person in this case in which my senior lawyer was able to find out many contradictions and after that examination this case had became  prima facie case.

Judgment of the Court: th

That matter was postponed to 15  July, 2012 for the purpose of final arguments.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

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2. State V. B hagwanar am

Matter pertaining to: 5

This matter is pertaining to section 363, 366 , 376 IPC

Brief Facts of the case: In this case the victim Mamta Kanwar, age 13 years, was taken under confidence to get married with the accused. Mamta Kanwar is a minor girl and belongs to village area Borunda. She ran away with Bhagwanaram on 28.4.2011. The accused took her to Merta City, Pushkar and then to Himachal Pradesh. They stayed in hotel for many days as husband and wife. The girl introduced herself as the wife of Bhagwanaram. She got married to the accused in court. And her age was found to be 19 years as per the affidavit. As per the parents of the girl she is minor and she was kidnapped by the accused and was being raped for a month and a half.

Issues Involved in the case: Whether respondent is guilty under section 363, 366 and 376 IPC?

Brief Arguments: In this matter I have witnessed stage of cross examination as well as final arguments. When cross examination of Mamta Kanwar was taken, it was found that she went with the accused by her consent. She was not kidnapped. She had affair with the accused and stayed with him as his wife. She never resisted when physical relations were made. In the hotel in which they stayed, there she never told anyone about her kidnapping and getting continuously raped. She had good conversation with the hotel staff. Call details of both the parties was presented along with marriage certificate and medical reports .

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366. Kidnapping, abducting or inducing woman to compel her marriage, etc Whoever kidnaps or abducts any woman with intent t hat she may be compelled, or knowing i t to be likely that she will be compelled, to marry any person against her. will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 160[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid] 11

The camera trial also took in the case where the victim, Mamta was asked questions regarding the incident.

Judgment of the court Bhagawanaram was released as the prosecution failed to prove section 363, 366 and 376 of IPC.

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3. State v. Dhar amaram & Santosh

Matter Pertaining to: This matter is related to section 302 of IPC.

Brief Facts of the Case: Santosh was wife of the deceased person Nanakram. And Dharmaram was the real  brother of Santosh Devi. As per the facts Nanakram used to drink everyday and after coming home verbally abused her wife. It was alleged that she had illicit relations with his neighbor’s i.e. Om Purohit and Papu Dholi. One day when Nanakram returned home drunk, he started abusing her wife. At that time family members of Santosh were at the same place. They got raged and hanged him (Nanakram) in his own house after killing him. Priyanka, daughter of Santosh was the eye witness of the whole incident.

Issues Involved in this case: 

Whether Santosh and Dharmaram responsible for the murder?

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Whether a minor can be presented as witness in court?

Gist of the Arguments presented: The case is at the initial stage. Chief examination was taken of the neighbor, Lalita and Sangeeta, daughter Priyanka, accused Santosh and Dharmaram, doctor, family members of Santosh, Vimla who filed the complaint.

Judgment of the Court:

Pending

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I attended the trial court for six weeks during which I had opportunity to look at the intricacies of the working at trial court some of which are as follows: I observed client interviewing in matter of rape and murder. The matter was merely consulted and no further action was taken. I observed the cross examination in more than 15 cases where I came to know about some of the police rules and provisions and state acts such as Rajasthan Excise Act, 1950. In one of my observation I came to know why there is huge backlog in the cases being tried. It was due to lack of organizing at the lower level. Firstly, the ratio of cases filed and the judges presiding to hear the matter was very less. Proceedings do not take place if the judge is not in good mood. Also I heard from my supervisor that how some of the  protectors of justice were engaged in unethical practices like some of the lawyers used to take mala-fide cases merely to generate revenue, others just used to take dates due to their non-competence, and to my astonishment when I was attending one of the  proceedings one of the lawyers came from opposition as he had to argue the matter but he said that he wanted extension of time since he had forgotten that it was his date today. Such act not only disturbs the cycle of justice but also increases the cost of dragging such cases. Most of the clients belonged to backward sections and from village areas. During their trial advocates first one should guide them on how to respond to the queries and how to deal with the various questions which came forth in cross examination to make their  part stronger and to ensure access to justice. It was interesting to note the commitment to one’s own profession at such a lower level. There are many cases in which advocates try to solve the matter outside the court. Even in rape cases outside settlement is done. In one of the cases the girl demanded that the accused should marry her, decision is pending. In the same case the other accused offered her marriage proposal so that to avoid sentence.

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The experience for this time was a very different one from the previous one. As we were more familiar with the functioning of the court and the routine of the courts. I got opportunity to look at the procedure of functioning at trial court and during that I learnt

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about various intricacies involved from the day of filing of the matter till the judgment is executed or appealed. Client interviewing is one of the important aspect which needs to be redressed because it not only reveals ones communication skills but is also an essential for a professional to survive and grow in his/her profession. I did client interviewing in the matter which came to launch FIR. It was related to section 498A and got an opportunity to interact with some of the others whose cases were related to divorce and offences related to marriage. It was a learning experience to look at the process of cross examination. In one of the matter an eye witness was cross-examined during which it was interesting to learn how each and every minutest detail matters. He was asked what was the color of the clothes which the deceased person was wearing. Even after presenting the articles he was not able to recognize and reply. Everybody in the courtroom knew what the color was except that person. It created humor on his silly answers. And this made him hostile. This time I also saw the camera trial where the victim or the accused are asked question in the closed courtrooms and the only people present are the judge, the advocate and to whom the questions are being asked. Working in session court was great. The criminals were brought and were made to wait for hours. Most of the criminals looked innocent because of their age factor. It was hard to accept the crime they committed. One of them killed his sister in law just because he got angry. Even footpath girl was raped by boys of renowned families. People generally commit crime when they are in anger or drunk or in depression. People don’t fear to add up false cases just to harass the person. Judges are cool and calm but they shout only when the witness creates nuisance and don’t answer the questions in the manner they are asked. The basics I learnt there are of the utmost importance as they make the  base of high court cases.

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ANNEXURE

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