P

IN THE HONOURABLE SUPREME COURT OF INDIA

[WRIT PETITTION FILED UNDER ARTICLE 32 OF THE CONSTITUTION

OF INDIA]

……PETITIONER

VERSUS

…....RESPONDENT

MEMORIAL ON BEHALF OF THE

APPELLANT
 ON SUBMISSION TO THE SUPREME COURT OF INDIA

TABLE OF CONTENTS

LIST OF ABBREVIATION......................................................................................

INDEX OF AUTHORITIES .....................................................................................

STATEMENT OF JURISDICTION ........................................................................

STATEMENT OF FACTS ........................................................................................

STATEMENT OF ISSUES .......................................................................................

SUMMARY OF ARGUMENTS...............................................................................

ARGUMENTS ADVANCED ....................................................................................

PRAYER .....................................................................................................................

MEMORIAL ON BEHALF OF THE

APPELLANT
 LIST OF ABBREVIATION

& And

AIR All India Reporter

Anr. Another

Art. Article

CJ. Chief Justice

COI Constitution of India

Hon’ble Honourable

J. Judge

Ors. Others

S.C.R. Supreme Court Report

SC Supreme Court

V. Versus

MEMORIAL ON BEHALF OF THE

APPELLANT
 INDEX OF AUTHORITIES

STATUTES:

 The Indian Penal Code 1860

CASES REFERRED:

 A.K. Gopalan v. State of Madras [1950] S.C.R. 88

 Sajjan Singh v. State of Rajasthan 1965 AIR 845
 Shankari Prasad v. Union of India 1951 AIR 458

BOOKS REFERRED:

 Dr. J.N. Pandey; Constitutional Law of India; Central Law Agency; 54th Edition
 Narendra Kumar; Constitutional Law of India; Allahabad Law Agency; 9th Edition

WEBSITES REFERRED:

 https://www.iasscore.in/topical-analysis/keshavananda-bharti-vs-state-of-kerala-
 https://corporate.cyrilamarchandblogs.com/2017/09/kesavananda-bharati-v-state-kerala-
basic-structure-doctrine/
 https://www.iasscore.in/topical-analysis/keshavananda-bharti-vs-state-of-kerala-
 https://indiankanoon.org/doc/257876/

MEMORIAL ON BEHALF OF THE

APPELLANT
 STATEMENT OF JURISDICTION

MEMORIAL ON BEHALF OF THE

APPELLANT
The Counsel on behalf of the Appellant humbly submits before the Hon’ble Supreme Court of
India with the jurisdiction invoked by the Petitioners.

STATEMENT OF FACTS

MEMORIAL ON BEHALF OF THE

APPELLANT
Reema, an eighteen year old girl was a student of 12th class. She belonged to a lower middle
class family. Her father used to work as clerks in a private firm. She had always been an
ambitions and a very bright student. To support her father she used to give tuitions. Ramesh,
Accused No.1 math’s teacher of Reema in her school secretly developed emotions for her.
Reema had always admired him as her teacher. On Reema’s 18th birthday Ramesh organized a
Birthday Party for her at his house and gifted her an expensive watch. Unaware of Ramesh’s
feelings she accepted the same.

On 14th Feb 2013, Rameesh proposed to Reema for marriage. Reema, however told him to speak
to her parents regarding the same. On 20th Feb Ramesh approached her parents with the proposal.
However, they rejected his offer and warned him not to contact her anymore as they did not want
that there should be any kind of distraction to their daughter as her XII boards were approaching.
They strongly admonished Reema and threatened that they will discontinue her studies.

Thereafter she started avoiding Ramesh. On one occasion Reema also made it clear to him that
she will not go against the wishes of her parents and asked him not to follow her anymore.
Despite the disinterest shown by Reema. Ramesh continued to follow Reema to her tuition
classes and contacted her personally, on phone and through interest believing that all her actions
were under pressure from her parents.

Reema reported the same to her parents. The parents rebuked for him for his unwarranted acts.
He however tried to convince them about his feeling for her and further stated that wanted to
marry her. They beat him and asked him to leave. Enraged with the feeling of rejection, Ramesh
went to Mahesh, in whom he always confided and narrated the whole thing. Mahesh aged 45, has
always supported Ramesh, who was residing with him, ever since his parents died in a road
accident in 2000. Mahesh, who had always treated Ramesh as his son, could not bear the pain of
Ramesh. Mahesh suggested to Ramesh that he should find Reema alone and take her to the
temple for marrying her whithout information to her parents. In case Reema would offer any
resistance due to parental pressure. Mahesh will threaten her with a bottle of acid to pressurize
her to come with them to the temple.

MEMORIAL ON BEHALF OF THE

APPELLANT
Ramesh, who was initially reluctant, agreed to plan on the condition that no harm will be caused
to Reema and bottle of acid will only be used as a tool to threaten her for compliances to their
wishes.

On 23rd march, 2013 as per the plan, finding Reema passing on a lonely road, Ramesh and
Mahesh, who were waiting for Reema, got out the car. Ramesh approached Reema and asked her
to accompany him to the temple so that they can get married. On Reema;s refusal, Mahesh
carrying the bottle of acid, threatened Reema. Ramesh started dragging her into the car. Reema
started shouting loudly. To teach the lesson to Reema, Mahesh opened the bottle and threw the
acid on her face and then both Mahesh and Ramesh fled away in the car belonging to and driven
by Mahesh leaving the girl in immense pain. The girl was taken to the hospital by some
passerby. The doctor immediately conducted the surgeries and opined that the injuries were
grievous under sec 326A r/w sec 43 IPC, 1860 and Ramesh was also charged under sec 354 IPC
1860.

MEMORIAL ON BEHALF OF THE

APPELLANT
 STATEMENT OF ISSUES

MEMORIAL ON BEHALF OF THE

APPELLANT
 SUMMARY OF ARGUMENTS

MEMORIAL ON BEHALF OF THE

APPELLANT
 ARGUMENTS ADVANCED

MEMORIAL ON BEHALF OF THE

APPELLANT
 PRAYER

WHEREFORE IN THE LIGHT OF FACTS STATED, ISSUES RAISED, ARGUMENTS

ADVANCED, REASONS GIVEN AND AUTHORITIES CITED, THIS HONOURABLE
COURT MAY BE PLEASED TO:

DECLARE

DECLARE

AND PASS ORDER, DIRECTION, OR RELIEF THAT MAY DEEM FIT IN THE
INTEREST OF JUSTICE, FAIRNESS, EQUITY AND GOOD CONSCIOUS FOR WHICH
THE COUNSELS SHALL FOREVER PRAY.

COUNSELS FOR THE APPELANT

MEMORIAL ON BEHALF OF THE

APPELLANT
 MEMORIAL ON BEHALF OF THE
APPELLANT