Moot Court

Moot: Criminal Appeal — Circumstantial Evidence

Moot Court

Moot: Criminal Appeal — Circumstantial Evidence

Moot round

15:00

The brief

Moot: Criminal Appeal — Circumstantial Evidence

Appeal against a BNS 103 conviction resting on last-seen, recovery, and motive. Say "switch sides" or "end round" any time.

You: Appellant counsel (defence)
Opposite: Division Bench + State counsel

MOOT PROPOSITION: The appellant was convicted under Section 103 BNS (murder) by the Sessions Court solely on circumstantial evidence: (a) last seen with the deceased at 9 pm, body found next morning; (b) recovery of a blood-stained knife at his instance; (c) motive of a money dispute. No eyewitness. FSL report does not match the blood group conclusively. The appeal is before the High Court.

ISSUES:
1. Whether the chain of circumstances satisfies the five golden principles of Sharad Birdhichand Sarda.
2. Whether the recovery under Section 23(2) BSA (formerly S.27 Evidence Act) is admissible and sufficient.
3. Whether the last-seen doctrine can sustain conviction given the time gap.

You argue for the appellant (acquittal).

Appellant counsel (defence)

Division Bench + State counsel

The court is in session. Make your opening statement.