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REVISED MOOT PROPOSITION 11

(For 12855,12859,12860,12866)

It was FIR against the accused Manoj, aged 22, that he has committed the murder
of Bholi, a female child aged 6 years, who was the daughter of Complainant Rajan.
The accused Manoj was also related to the family of Rajan. Due to this relationship
Manoj used to visit the house of the complainant ( Pw-1). Rajan was a mason and
Manoj at one time had worked in his workshop.

According to prosecution, Bimla (Mother of Deceased& Pw-2) had seen


the deceased in the company of accused at around 10:30 AM at her residence when
accused said to have given some candies to Bholi. Bimla then went to wash clothes
and after half an hour when she came back she noticed that both of them were not
present there. Jagan Nath (Prosecution witness 3) said in witness box that he saw
them at sweet shop at 11 AM, where accused was purchasing some sweets for
deceased. Then at 2PM, complainant along with his brother Bhanu (Procesution
Witness 4) and one Balwan (prosecution Witness 5), went to the house of the
accused but the child was not there. Then they went to the workplace of the
accused but neither the accused nor the deceased was there. In the meantime a boy
named Nikku aged 7 years (Pw-6) told them that he has seen deceased with some
person at the road leading to Rozoki. On this they went to Rozoki village in the
evening and found the accused there and threatened him, after which he told them
that he killed the deceased on account of wage dispute with the Complainant.
There after the accused was taken to Police Station where the complaint was
lodged by the complainant and accused was arrested. Statement of the accused was
recorded during the interrogation. On further investigation the occurrence place
was identified and dead body and clothes of the deceased were recovered.

Decide the case with arguments and law on the Extra-Judicial Confession,
Statement of child witness, recoveries relating to the case and motive.

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