Final Report of Trial Court

8/12/2019 Final Report of Trial Court

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NIRM UNIVERSITYINSTITUTE OF L W

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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T BLE OF CONTENTS

Sr. No. Subject Page No.

1. Preface 42. Acknowledgement 53. Certificate4. List of abbreviations 65. Brief about Courts visited 7-86. Brief about Cases Studied and Attended:

Brief facts of the caseBrief About the chargesAnalysis of Statement of the witnessDescription of documentary evidenceGist of ArgumentsJudgement

A.State V. Karan SinghB.

State V. Bhagwanaram

C.State V. Dharmaram & Santosh

9-13

7. General Observations of the Functioning of the TrialCourt

14-15

8. Your Experience during the Training 16-17


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9. AppendixWeekly Reports

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PREF CE

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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CKNOWLEDGEMENT

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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LIST OF BBREVI TIONS

1. CrPC- The Code of Criminal Procedure, 18722. IPC- The Indian Penal Code, 18603. NIA- Negotiable Instrument Act4. Hble- Honorable5. HC- High Court6. i.e.- that is7. No.- Number8. Sec.- Section9. u/s- under section


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BRIEF BOUT THE COURTS

The District Courtsadminister justice in India at adistrict level. These courts are

under administrative control of theHigh Court of theState to which the district

concerned belongs. The decision of District court is subject to theappellate

jurisdiction of the High court.

The highest court in each district is that of theDistrict and Sessions Judge.This is the

principal court oforiginalcivil jurisdictionbesides 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
http://en.wikipedia.org/wiki/Districts_of_Indiahttp://en.wikipedia.org/wiki/High_Courts_of_Indiahttp://en.wikipedia.org/wiki/State_(India)http://en.wikipedia.org/wiki/Appellate_jurisdictionhttp://en.wikipedia.org/wiki/Appellate_jurisdictionhttp://en.wikipedia.org/w/index.php?title=District_and_Sessions_Judge&action=edit&redlink=1http://en.wikipedia.org/wiki/Original_jurisdictionhttp://en.wikipedia.org/wiki/Civil_law_(common_law)http://en.wikipedia.org/wiki/Civil_law_(common_law)http://en.wikipedia.org/wiki/Original_jurisdictionhttp://en.wikipedia.org/w/index.php?title=District_and_Sessions_Judge&action=edit&redlink=1http://en.wikipedia.org/wiki/Appellate_jurisdictionhttp://en.wikipedia.org/wiki/Appellate_jurisdictionhttp://en.wikipedia.org/wiki/State_(India)http://en.wikipedia.org/wiki/High_Courts_of_Indiahttp://en.wikipedia.org/wiki/Districts_of_India


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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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C SES OBSERVED DURING INTERNSHIP

1.State V. Karan SinghMatter Pertaining to:

This matter involves Sections- 3631, 366A

2, 376

3, 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

the girls statement section 376, 120B4 IPC were added and Karan Singh and Mangu

Singh were arrested.

1363. Punishment for kidnapping

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

2366A. 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 toillicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and

shall also be liable to fine.

3376. 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 orfor 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.

4120B. 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 suchoffence.


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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 mothers 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 theaccused 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 faciecase.

Judgment of the Court:

That matter was postponed to 15th

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, orwith fine or with both.


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2.State V. BhagwanaramMatter pertaining to:

This matter is pertaining to section 363, 3665, 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 andgetting continuously raped. She had goodconversation with the hotel staff. Calldetails

of both the parties was presented along with marriage certificate and medical reports.

5366. Kidnapping, abducting or inducing woman to compel her marriage, etc

Whoever kidnaps or abducts any woman with intent that 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 othermethod of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it islikely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid]


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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. Dharamaram & SantoshMatter 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 neighbors 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? 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

General observation of the functioning at the court


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Experience during the trainingThe 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 dont 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 dont 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

Final Report of Trial Court

Documents

Transcript of Final Report of Trial Court