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XITAC'24 Event Brochure Amended - Compressed

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XSLAJ

XLS

XSLAJ
Xavier Society of
Law and Justice

PRESENTS

AMENDED

#AnEverlastingPromise
#BeyondReasonableDoubt
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

TABLE OF CONTENTS
ABOUT RULES &
1 XSLAJ
9 REGULATIONS

XITAC - THE
2 LEGACY
10 REGISTRATIONS

NEW
EVENT TRIAL
3 CALENDAR
11 PROPOSITION
NEW
AD-HOC
4 COMMITTEE (AHC)
12 EXHIBITS

NEW
CHOICE OF
5 WITNESSES 13 WITNESSES

COMPETITION CONTACT
6 FORMAT 14 US

TIME ORGANIZING
7 DISTRIBUTION
15 COMMITEE

MEMORIAL PHOTO
8 GUIDELINES 16 GALLERY

Click on the Heads or Page Numbers to get redirected to the respective Page.
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

ABOUT XSLAJ
XSLAJ has been established under St. Xavier’s University, Kolkata to achieve
quality based legal education and has a broader goal of preparing men and
women for others. In its constant pursuit of excellence, it always strives to
create a legacy of leadership, professional acumen and excellence. This
society strives towards exploring the benchmarks of educational standards
for the best outcome in areas of law. XSLAJ isn't limited by it's professionality,
but empowered by it.

They say that it is impossible to tell where law stops and justice begins but
here at XSLAJ, we strongly believe that it is the spirit and not the form of law
that keeps justice alive, and along those lines we do conceptualize our events
and activities, so that every student of XLS can get a clearer perspective of the
two neighbouring concepts. At XLS, where gauging the power of law is
considered as a supreme lesson, XSLAJ aims to create a platform, a rostrum
for law students where they can go beyond the study material, and delve
deep into the world of law, explore infinite possibilities of how law can affect
the system, and understand, in doing so, that to pursue law, is to pave justice.

More than a society, XSLAJ is a major step towards strengthening XLS,


in its growing years, and has potential to be the heart and soul of XLS.

1
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

XITAC - THE LEGACY


After the successful organization of XITAC’23 last year with a participation of over
200 students directly and indirectly, XSLAJ is back with the third edition, that is
XITAC’24 on an even larger scale. The third edition of XITAC that is, the Xavier Trial &
Advocacy Competition aims to provide a platform for the students to showcase their
advocacy and lawyering skills and win the exciting prizes that is in store for them.

XITAC’24 - Xavier Intra-XLS Trial & Advocacy Competition 2024 aims to provide a
wholesome Court & Trial Experience to the participants from Xavier Law School. The
event shall be put up to it’s glory by the members of the Organizing Committee and
the AHC. Hence, with the participation of all of XLS, XITAC’24 is envisioned to carry
forward the legacy that XITAC’22 had started.

Dr. Animesh Das MODIT GUPTA darsh narula


Convenor STUDENT Convenor Joint Student Convenor

2
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

EVENT CALENDER
All the important dates pertaining to XITAC'24 (Sub-Events & Events),
have been mentioned below - in detail:

Wednesday, 14th August, 2024


Last Date for Registrations @11:59 p.m.

AUGUST’24 Sunday, 18th August, 2024


Last date for accepting clarifications
@11:59 p.m.
S M T W T F S
Thursday, 22nd August, 2024
12 13 14 15 16 17 Release of Clarifications.
Sunday, 25th August, 2024
18 19 20 21 22 23 24 Last date of Memorial Submission
(Online) @11:59 p.m.
Thursday, 29th August, 2024
25 26 27 28 29 30 31
Release of Final Participants List.
Friday, 30th August, 2024
Researcher’s Test

Monday, 2nd September, 2024


Last Date for Offline Memorial

SEPTEMBER’24 Submission
Tuesday, 3rd September, 2024
Draw of Lots
S M T W T F S Team Orientation (Online)
Wednesday, 4th September, 2024
1 2 3 4 5 6 7
Memorial Exchange
Thursday, 5th September, 2024
8 9 10 11 12 13 14
XITAC’24 Day 1 - Prelims I & II
Friday, 6th September, 2024
XITAC'24 Day 2 - Quarter-Finals, Semi-
Finals & The Final Round

Saving Clause: The timings & dates mentioned above are subject to changes due to
unforeseen circumstances. The changes, if any, shall be duly notified.

3
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

AD-HOC COMMITTEE (ahc)


The Ad-Hoc Committee, or "AHC,” is the committee comprised of the members who
are to be engaged in XITAC'24—to help the organising committee ensure the smooth
functioning of the event. This committee has been the pillar of the events that have
been conducted throughout these years in XSLAJ.

A. Roles Available in the AHC

The members will be assigned to various important roles such as Courtroom


Management, Scrutiny, Reception, Food & Hospitality, Security, Maintenance, etc.
Eligible Students can opt to enroll as a Member of the Ad-Hoc Committee (AHC) and
assist in the Overall Courtroom & Logistical Management of the Event (Maximum
AHC Capacity - 60). - OPEN TO SEMESTER 1 STUDENTS ALSO!

B. Certificates & Credits - XITAC'24

All the members of the AHC shall receive Printed Certificates & Credits (as per
university norms) - for their contribution in both the days.

C. Registration Procedure for AHC

Interested Students of Xavier Law School (from Semesters I to IX) can enroll to be a
member of the Ad-Hoc Committee through the link provided later in the brochure
(check page 13 for all) . All the options for enrollment of AHC are available in the Form
itself.

4
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

WITNESSes
The Students of Xavier Law School (From Semesters I to IX) can now enroll as
Witnesses in XITAC'24 - Xavier Intra-XLS Trial & Advocacy Competition 2024.

A. Witness Allotment

In XITAC'24, a system of Exclusive Witness Allotment shall be followed, i.e. no team


shall be allotted the same witnesses under any circumstances. Each witness will
appear twice, once in Prelim I, and once in Prelim II, followed by Mark-Based
Qualification to the Subsequent Rounds - Quarter-Finals, Semi-Finals & the Final
Round. Witnesses will appear in pairs, as per their Draw-Based allotment to the
Teams, but the marking of each witness shall be done individually.

B. Qualification of Witnesses

Quarter-Finals: Top 16 Witnesses with the highest marks from the Prelims, shall
advance to the Quarter-Final Rounds.
Semi-Finals: Top 8 Witnesses with the highest marks in Quarter-Finals, shall
subsequently advance to the Semi-Final Rounds.
The Final Round: Finally, the Top 4 Witnesses with the highest marks from Semi-
Final Rounds, shall advance to the the Final Round.

Note: The aforementioned qualification process shall be followed in uniformity, at all


stages of XITAC'24

5
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

COMPETITION FORMAT
Given below are the details of the segments, aspects and sub-events related to the
competition.

Clause I - COMPETITION ROUNDS & QUALIFICATION CRITERIA

A. Preliminary Rounds (Prelims I & II)

There shall be 2 Preliminary Rounds, namely Prelims I & II. Each team shall argue
from either side - Prosecution or Defense, as allotted in the draw of lots, in both
rounds. The opposing teams for both rounds will be decided through the draw of
lots.
Saving Clause: In Prelims - II, the team shall, under no circumstances, argue against
the team against whom they had argued in Prelims - I.

The marks of each preliminary round shall be the cumulative total of the marks of
the oral submissions of both the speakers and the marks of the Memorial
Submission. The Qualifiers for the Quarter Final rounds shall be the Top Eight (8)
teams of the preliminary rounds.

B. Quarter-Finals (QF)

The Quarter-Final Rounds would be Knockout Rounds, i.e., in this round, one team
from each Court will qualify. Each team shall argue from one of the sides as allotted
in the Draw of Lots. The marks of the quarter-final rounds shall be the cumulative
total of the marks of oral submissions of both the speakers and the team scoring
higher would be moving ahead to the Semi-Finals. 4 Teams scoring the highest
marks from their respective Trial Rounds shall qualify to the Semi-Finals.

C. Semi-Finals (SF)

The Semi-Final Rounds would be Knockout Rounds, i.e., in this round, one team from
each Court will qualify. Each team shall argue from one of the sides as allotted in the
Draw of Lots. The marks of the semi-final rounds shall be the cumulative total of the
marks of the oral submissions of both the speakers and the team scoring higher
would be moving ahead to the Final Round. 2 Teams scoring the highest marks from
their respective Trial Rounds would qualify to the Final Round.

(Continued on the next page)

6
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

D. The Final Round

In the final round, each team shall argue from one of the sides as allotted in the Draw
of Lots. The marks of the Final Round shall be the cumulative total of the marks of
oral submissions of both the speakers and the team scoring higher would be
declared as the winner.

CLAUSE II - OTHER ASPECTS

A. Ex-Parte Rounds

This is a specially provisioned round, in case of an Odd Number of Memorial


Submissions at the end of the Last Date of Submission, which implies that the
number of teams participating in the competition are odd. Hence, all except 1 team
will be paired opposite to another team for the Prelims. The Ex-Parte Round is meant
for that team, which has no team to pair up against. In the Ex-Parte Round, the left-
out team will be facing the Judges as their opponent. The rules and regulations of
the round is the same as the other rounds, with the only difference of the direct
involvement of the judges as the Opponent Team. The team subjected to this round
will be graded accordingly.

B. Memorial Screening Process - for Confirmation of Participating Teams

The Memorials submitted (ONLINE) shall be scrutinized on the basis of:


1. Plagiarism & Similarity Index of Memorials
2. General Adherence to the Memorial Guidelines
3. Citations
The Memorial Submissions with the Highest Marks based on the Screening shall be
the sole criteria for confirmation of Participating Teams in XITAC’24.

C. Submission of Memorials in the Offline Mode - Hard Copies

This is with regards to the Submission of the Hard Copies of the Memorials - on 2nd
September (as per the Event Calendar - pg. 3). ONLY THE TEAMS THAT QUALIFY THE
MEMORIAL SCREENINGS i.e., THE CONFIRMED PARTICIPATING TEAMS are mandated
to submit the 4 Hard Copies of their Memorials (both Prosecution & Defense). The
teams who do not qualify the screening rounds, are not required to submit their
memorials in the offline mode. This is to prevent unnecessary wastage of resources.

As a growing concern towards the Environment, we envision to: RECYCLE & REUSE
- all the material used for the said event, including, the memorial submissions.

7
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

TIME DISTRIBUTion
Given below (in tabular format) is the Detailed Time Division (in minutes - binding &
compulsory for all teams) - for each Level in the Competition:

SEGMENTED DISTRIBUTION OF PRELIMS ( I & II ) SEMI FINALS &


EACH TRIAL ROUND QUARTER FINALS FINAL ROUND

PS 1 - OPENING STATEMENT 5 MINUTES 6 MINUTES

DS 1 - OPENING STATEMENT 5 MINUTES 6 MINUTES

PS 1 - CHIEF EXAMINATION OF
8 MINUTES 12 MINUTES
BOTH WITNESSES

DS 2 - CROSS EXAMINATION OF
8 MINUTES 17 MINUTES
BOTH WITNESSES

DS 1 - CHIEF EXAMINATION OF
8 MINUTES 12 MINUTES
BOTH WITNESSES

PS 2 - CROSS EXAMINATION OF
8 MINUTES 17 MINUTES
BOTH WITNESSES

DS 2- CLOSING STATEMENT 6 MINUTES 10 MINUTES

PS 2- CLOSING STATEMENT 6 MINUTES 10 MINUTES

54 MINUTES 90 MINUTES
TOTAL TIME
(approx. 1 hour) (1.5 Hours)

PS 1 - PROSECUTION SPEAKER 1 DS 1 - DEFENSE SPEAKER 1


PS 2 - PROSECUTION SPEAKER 2 DS 2 - DEFENSE SPEAKER 2

Saving Clause: This is to clarify that the timings stated above are inclusive of the Questioning by the Judges, if any.
The time extension on the overall session is capped at 5 Minutes (Maximum) - at the Discretion of the Judges. 8
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

MEMORIAL GUIDELINES
The memorials must be submitted both Online & Offline as per the Dates (and
timings) mentioned in the Event Calendar (Pg. No. 3).
No of. Copies to be Submitted (Offline): 4 (Four)

CLAUSE I - CONTENTS

The written submissions must contain the following contents:-


N

1. Cover Page (1 Page) 6. Statement of Facts (1-2 Pages)


2. Table of Contents (1-2 Pages) 7. Issues Raised (1 Page)
3. List of Abbreviations (1 Page) 8. Summary of Arguments (1-2 Pages)
4. Index of Authorities (1-2 Pages) 9. Arguments Advanced (8-15 Pages)
5. Statement of Jurisdiction (1 Page) 10. Prayer (1 Page)

Maximum No. of Pages: 28

Note: Any difference in the soft copy and the hard copy will lead to direct
disqualification.

CLAUSE II - COVER

The Cover of the Prosecution Memorial must be Blue in color, while the Cover of the
Defense Memorial must be Red in color. The color of the pages of the memorial must
not make the text ineligible to be read. All other pages, except the Cover pages of all
Memorials, should be in Black and White. N

CLAUSE III - MARGIN

The Memorial Submission must maintain an equal margin of 1 inch on all sides.

CLAUSE IV - FONT, SIZE AND LINE SPACING


N N N
Font: Times New Roman Size: 12 Line Spacing: 1.5

N Non-Compliance Clause - Non-Compliance with the guidelines laid down may result in Negative
Marking and/or Direct Disqualification (Subject to the Discretion of the Organizing Committee)

9
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

CLAUSE V - HEADER & FOOTER


N N
Font: Times New Roman Size: 10 Line Spacing: 1 (if any)

CLAUSE VI - FOOTNOTES

The footnotes must follow Times New Roman Font, Size 10 and Single Spacing. There
should be double line spacing between two footnotes. OSCOLA (4th Edition) – The
Oxford System for Citation of Legal Authorities, should be followed throughout the
memorial submission. Substantive/Speaking footnotes are strictly prohibited.

CLAUSE VII - TEAM CODE

The team code (allotted) must be ascribed on the top right corner of the cover page.
The code must be succeeded by the side for which the written submission is
prepared. The teams must use P for “Prosecution” and D for “Defense”. Individual
Names should not be mentioned anywhere in the Memorials. Terms like Speaker 1
and Speaker 2 must be used in place of the member names, as per appointment in
N
the Registration Form.

CLAUSE VIII - WINDOW FOR MEMORIAL SUBMISSIONS

The Memorials Submissions shall be made Online (first) - through E-Mail.


The Soft Copies of both the Memorials - Prosecution & Defense (PDF Form ONLY) shall
be mailed to the Official E-Mail ID of XITAC’24 (as provided below).

xitac24.xslaj@gmail.com
Send us an E-Mail on the Official Mail ID of XITAC’24

CLAUSE IX - CHOICE OF WITNESSES

Teams are mandated to put down the names of two witnesses of their choice as a
separate last page of their Memorials (Same in both Online and Offline Copies) - as
per the Memorial Type. The page shall be titled as "Choice of Witness".
Please note that this page shall not be counted in the 28 Page limit for the
Memorials.
See page 54 for all further details - “CHOICE OF WITNESSES”

N Non-Compliance Clause - Non-Compliance with the guidelines laid down may result in Negative
Marking and/or Direct Disqualification (Subject to the Discretion of the Organizing Committee)

10
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

rules & regulations


Given below are certain important Rules & Regulations - mandatory for every
Participant to comply with.
N

CLAUSE I - TEAM COMPOSITION & TEAM CODE

A. Team Members & their Roles

Each team shall mandatorily consist of 3 members. This number cannot be modified
under any circumstances. There shall be 1 Researcher and 2 Speakers - Speaker 1 and
Speaker 2. The roles will not be subject to any change after the confirmation of the
team's registration.
D

B. Team Codes

Each team shall be allotted a unique team code. The team code so allotted shall
serve as the reference number for that particular team - for all purposes of the
competition, official and in-field, i.e. during the rounds or in the marking/notification
of results.
CLAUSE II - DRESS CODED

Law Formals (Black Suit, Trousers, Tie & Shoes, and White Shirt)
The Dress Code is same for all - Speakers and the Researcher.
The dress code is compulsory for all the participants, and they are expected to
make their own arrangements regarding the same.

CLAUSE III - CODE OF CONDUCT

A. Scouting

Teams will not be allowed to observe the rounds of any other teams.
Scouting is strictly prohibited. N

(Continued on the next page)

D Discretion Clause - Subject to the Complete Discretion of the Organizing Committee.

N Non-Compliance Clause - Non-Compliance with the guidelines laid down may result in Negative
Marking and/or Direct Disqualification (Subject to the Discretion of the Organizing Committee)

11
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

B. Language

The Participants are directed to use only English Language during the Competition.

C. Prohibition on use of Mobile Phones & Electronic Gadgets

Use of mobile phones or any other electronic device (Eg.: Smart Watch) is strictly
prohibited during the competition, i.e. during the Rounds at the T.R.s (Trial Rooms).

D. Prevention of Unethical Means

The display of any other unethical/unprofessional conduct is strictly prohibited.

CLAUSE IV - JUDGING CRITERIA

Given below is the Detailed Judging Criteria - same for each Level in the Competition:

1. Knowledge of Facts
2. Logic & Clarity in Reasoning
3. Persuasiveness and deference to court.
4. Proper, articulate and systematic analysis of the issues arising out of facts.
5. Understanding of the laws of evidence and procedure.
6. Ability to successfully conduct chief/cross examination within the allotted time.
7. Ability to elicit favourable facts from witnesses.
8. Ability to deal with unreceptive, argumentative or hostile witnesses.
9. Ingenuity (ability to argue by analogy from related aspects of law)
10. Knowledge of the relevant provisions relating to penal laws.

CLAUSE V - AMENDMENT OF THE BROCHURE

Rights of Amendment of the Brochure: The Organizing Committee of XSLAJ reserves


all rights & powers to amend any rule/guideline/provision mentioned in this
Brochure.

D Discretion Clause - Subject to the Complete Discretion of the Organizing Committee.

N Non-Compliance Clause - Non-Compliance with the guidelines laid down may result in Negative
Marking and/or Direct Disqualification (Subject to the Discretion of the Organizing Committee)

12
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

registrations
Students interested to participate in XITAC’24 are requested to fill the Google Form
(link provided below).

Students of Xavier Law School who intend to Participate in XITAC’24 can enroll:
1. As a Team (2 Speakers and a Researcher)
2. Individually, as Member of the AHC (Ad-Hoc Committee)
3. Individually. as a Witness

All the Options for Enrollment in XITAC’24 are integrated in the form given below.

GOOGLE FORM LINK - XITAC'24 INTEGRATED REGISTRATION FORM

Click on the Hyperlinked Icon/Text Box to get redirected to the Form.

REMOVAL OF LIMIT ON TEAM REGISTRATIONS

A. No Limit on Team Registrations & Intake of Memorials - subject to screening.

The limit on Memorial Intake (Online) has been hereby removed. Interested students
can now Enroll as Teams (2 Speakers & 1 Researcher) till 11:59 PM on 14th August,
2024. Once the registration form is closed, all the Teams that may register by then,
shall be deemed as eligible for Submission of Memorials (Online) by 11:59 PM, Sunday
- 25th August, 2024. However, the Maximum Intake Capacity remains with the
D
discretion of the Organising Committee.
After the deadline is reached for Team Registrations - the Form shall be closed.
Therefore, the Memorial Submissions (cumulatively marked on Prosecution &
Defense) with the highest marks shall be the sole criteria for the Registered Teams to
Participate in XITAC’24.

B. Non-Admissibility of Late Submissions of Memorials

No Memorial Submissions beyond the Stipulated Time (Deadline) mentioned on Pg. 3


shall be considered under any circumstances.

13
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

NEW
TRIAL PROPOSITION
I. FACTS OF THE CASE

Anjali Sharma, a 30-year-old woman from a distant town, arrived in Golpur, Arandor, in
the Union of Finisthan, with hopes of creating a better life for herself and her ailing
mother. With wide, hopeful eyes and dreams of saving enough money to start her own
small business, she eagerly sought out employment opportunities. Her determination
led her to the Melendez family, who were well-known in the area for their wealth and
charm. Anjali secured a position as a house help at the Melendez mansion, ready to
work hard to achieve her goals.
The Melendez household consisted of Mr. Neil Melendez, his wife Mrs. Monica
Melendez, and their domestic helpers, Suresh Kisan, another house-help, and Ram
Prasad, the gardener. Neil was an influential businessman who led an extravagant life,
and the family was respected in the community. Anjali quickly settled into her new
role, managing various household chores and becoming a part of the daily routine at
the mansion.
However, within weeks of Anjali’s arrival, she noticed some strange and unsettling
behaviour in the household. There was not a lot of communication in the house and
among the housemates. The Melendez family often invited their nephew, Aaron, over
for the weekends. Aaron was known for his rebellious nature and frequent indulgence
in illegal activities and petty crimes. He was mean and often verbally abused all the
house helps, including Anjali. However, he had a mentor, Chetan Saxena, a next-door
neighbour and a long-time friend of the Melendez family, who was trying to turn the
ways of Aaron and correct his behaviour.
However, within weeks of Anjali’s arrival, she noticed some strange and unsettling
behaviour in the household. There was not a lot of communication in the house and
among the housemates. The Melendez family often invited their nephew, Aaron, over
for the weekends. Aaron was known for his rebellious nature and frequent indulgence
in illegal activities and petty crimes. He was mean and often verbally abused all the
house helps, including Anjali. However, he had a mentor, Chetan Saxena, a next-door
neighbour and a long-time friend of the Melendez family, who was trying to turn the
ways of Aaron and correct his behaviour.
(Continued on the next page)

Disclaimer: It is a hypothetical proposition and all names and materials used herein 14
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

(Continued from the previous page)

Anjali found herself on the receiving end of Aaron’s teasing and bullying. Initially, she
did her best to keep the peace, shielding herself from his taunts and maintaining a
professional demeanour. She confided in her sister, Rupali, about some of these
incidents, but they both dismissed his behaviour as that of a spoiled rich kid. However,
as time went on, Aaron’s visits grew increasingly frightening and often bordered on
harassment.
Anjali’s dreams of a better life began to feel overshadowed by the persistent anxiety
caused by Aaron’s actions. She did try to inform Mrs. Monica about it, however, she did
not pay much heed to it and called those actions just child’s play and asked Anjali to
ignore it. Anjali felt trapped, knowing that her job with the Melendez family was crucial
for her and her mother’s future. The environment at the mansion became more
oppressive with each passing day, leaving Anjali to navigate a complex and distressing
situation on her own. Neil Melendez as well was often caught by Anjali, staring at her
and observing her actions rather too closely. She did not like his gaze but kept quiet
and continued to confide in her sister. However, in totality the atmosphere of the
house was very unsettling for her.

Anjali last came to work on March 19th 2024. That day proceeded like any other, with
her diligently attending to her duties at the Melendez mansion. As the evening wore
on, Anjali continued her work, ensuring that everything was in order before she
prepared to leave for the night. Suresh, another domestic worker of the household,
while completing his work, distantly saw Aaron teasing and menacing Anjali when Neil
returned home under the influence of alcohol and started urging him with jeers and
laughter. He did not pay much heed, though he had heard Anjali’s distressful voice,
and went to the servant’s quarters, which were adjacent to the garden. After some
time, he also noticed some activity in the garden, but he ignored all this and retired for
the night as he used to get up early for his day’s work.

At around 10 PM, Anjali sent a text message to Mrs. Monica Melendez, informing her
that she was going to visit her sick mother. This wasn't unusual, as Anjali often
communicated her plans and whereabouts to her employers out of courtesy and
respect.

(Continued on the next page)

Disclaimer: It is a hypothetical proposition and all names and materials used herein 15
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
XSLAJ

Xavier Law School XLS

Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
Law and Justice

(Continued from the previous page)

Days passed without any sign of Anjali. On 25th March 2024, a significant discovery was
made at the Melendez mansion. Ram Prasad, the gardener, was going about his
routine maintenance of the garden when he noticed something unusual. As he worked
near a particular section of the garden, he observed that the soil appeared to have
been freshly dug. This was out of the ordinary, as he had not done any recent digging in
that area.
Curiosity got the better of him, and Ram Prasad decided to inspect the spot more
closely. As he carefully began to dig into the disturbed soil, he made a shocking and
gruesome discovery - parts of a buried body. Realising the gravity of what he had
found, Ram Prasad was overcome with panic and horror. He frantically started
shouting, alerting anyone within earshot that there was a dead body buried in the
garden. This was heard by the neighbours and the passerby on the road as well and a
crowd started forming around the Melendez mansion.
Without wasting a moment, Ram Prasad rushed to inform his employers, Mr. Neil
Melendez and Mrs. Monica Melendez, about the grim discovery. Incidentally, Rupali
had also come to the mansion on 25th March to inquire about her sister, as she could
not be contacted from 19th March 2024 when she heard Ram frantically shouting and
rushing into the house. She had already witnessed the crowd forming outside the
house and had realised something was not right. Chetan Saxena was also in the
mansion at the time when Ram gave the information. Rupali, fearing the worst,
immediately informed the police.
The police came and uncovered the body, which Rupali identified as her sister’s by
seeing their mother’s finger ring on the body’s left index finger. Rupali started accusing
Neil and Aaron of committing the crime as Anjali had previously confided in her about
their advances. However, Monica claimed that Anjali had a boyfriend, Prem, and
suggested that he might have committed the crime. She mentioned that Anjali's
boyfriend often escorted her to and from the Melendez mansion on his bike. Chetan
supported this claim, saying that he had seen Prem and Anjali arguing outside the
Melendez mansion on the day of the incident when Chetan had come to talk to Neil
that morning. Monica added that on the 19th, Neil had been with her the entire day
and she had received a text from Anjali saying she was going to visit her sick mother.
Chetan also insisted that Aaron was at his house during the time of the incident,
refuting Rupali's accusations.
(Continued on the next page)

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(Continued from the previous page)


Rupali, then, filed an FIR on 25th March 2024.
Upon forensic investigation, it was found that she had been subjected to brutal rape by
multiple people and was subsequently murdered.
The police then proceeded with the investigation. Based on both documentary and
circumstantial evidence and after interrogating the witnesses, the police apprehended
and arrested Neil and Aaron on the afternoon of April 15, 2024. The accused were
presented before the Ld. Magistrate within 24 hours of their arrest, on April 16, 2024, at
11:30 am. The defense lawyer filed a bail petition on 16th April 2024 itself and the bail
petition was rejected by the Court on the same day. The Ld. Magistrate ordered the
accused to be placed in judicial custody for 30 days.
The police continued their investigation and recorded the statement of witnesses
under Section 161 of the CrPC. Subsequently, the Ld. Judicial Magistrate recorded the
witnesses' statements under Section 164 of the CrPC. On May 7, 2024, the Investigating
Officer submitted the chargesheet, and the accused were presented before the Ld.
Magistrate. The Ld. Magistrate supplied copy of chargesheet along with all prosecution
documents to the accused and thereafter committed the case to the Court of the Ld.
Sessions Judge.
On May 10, 2024, after hearing from both the prosecution and the defense, the Ld.
Sessions Judge framed charges of rape under Section 376D IPC, murder under Section
302 IPC, conspiracy to murder under Section 120B, acts done in furtherance of
common intention under Section 34 IPC, and destruction of evidence to prevent their
production under Section 201 IPC. The charges were read and explained to the
accused, who pleaded not guilty and requested a trial. Consequently, summons were
issued for the production of witnesses, and the trial schedule was fixed by the Ld.
Sessions Judge.

(Continued on the next page)

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II. ISSUES RAISED

1. Whether the actions of the accused constitute the offense of rape under Section
376D of the Indian Penal Code (IPC).
2. Whether Aaron Clarke and Neil Melendez are guilty of committing murder under
Section 302 of the Indian Penal Code (IPC).
3. Whether there has been an intentional destruction of documents by the accused to
prevent their production as evidence.
4. Whether the Prosecution has successfully established the guilt of the accused
beyond reasonable doubt.

Note: All Police Papers including chargesheet and statement of witnesses have been
supplied to the accused. The case record has been committed to the Court of
Learned Sessions Judge, Golpur by the Learned Judicial Magistrate, Golpur and is at
the stage of framing of charges before the Session Court. All laws in force in the
Union of Finisthan are pari-materia with the Union of India.

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18
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ANNEXURE-I

16.04.2024
IN THE COURT OF THE LEARNED
CHIEF JUDICIAL MAGISTRATE
of GOLPUR, ARANDOR

Present : Shri Vivek Talpade


Chief Judicial Magistrate,
Golpur at Arandor

Golpur P.S. Case No. 132/2024


Dated 16.04.20224 under Sections 302/ 376A/ 376D / 120B/ 204/ 34 IPC

The accused persons, namely, Neil Melendez and Aaron Clarke were produced before

the Court from police custody,

They were taken into custody and remanded to judicial custody.

The Learned Counsel appearing on behalf of the accused persons prays for bail by

way of filing a Bail petition.

Heard both sides including the Learned APP.

Perused the materials available on record. Considered.

Considering the nature of the allegations, gravity of the alleged offences, nascent

stage of investigation, circumstantial evidence implicating the accused and the fact

that the alleged offences are prima facie triable by the Court of the Learned Sessions

Judge.

Accordingly, the prayer for bail of the accused persons stands hereby rejected,

Typed by me,
Your paragraph text

Vivek Talpade,
Chief Judicial Magistrate

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NEW
EXHIBITS
LIST OF EXHIBITS

EXHIBIT A First Information Report (F.I.R) Page No.: 21


(Under Section 154 CrPC)

EXHIBIT B Arrest/Court Surrender Memo Page No.: 23

EXHIBIT C Crime Scene Report Page No.: 31

EXHIBIT D Statement Of Witnesses Page No.: 34


(Under Section 161 of CrPC)

EXHIBIT E Statement Of Witnesses Page No.: 41


(Under Section 164 of CrPC)

EXHIBIT F Autopsy Report Page No.: 48

EXHIBIT G Chargesheet Page No.: 51


(Under Section 173 CrPC)

EXHIBIT H Whatsapp Chat Page No.: 53

Click on the Exhibit Header or Pg. No. to get redirected to the respective Exhibit.

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EXHIBIT A - FIRST INFORMATION REPORT (F.I.R.)


NEW

1. Dist: Golpur P.S.: Golpur Police Station Year: 2024


F.I.R. No.: Golpur P.S. Case No. 132 dated 25th March 2024
2. Complainant Details:
Name: Rupali Sharma
Age: 24 years
3. Accused Details:
3.1. Neil Melendez
3.2. Aaron Clarke
4. Victim Details:
Name: Anjali Sharma
Age: 30 years
Occupation: Domestic Helper
5. Complaint:
5.1. Date and Time of Incident: 19th March 2024, approximately 8:00 PM to 10:00 PM
5.2. Location of the Incident: Melendez Residence, 8, Harris Road, Golpur
5.3. Details of the Incident:
On 19th March 2024, my sister, Anjali Sharma, who was employed as a domestic
helper at the Melendez residence, went missing.
According to my information, she was last seen at the Melendez mansion, where
she was subjected to assault by Aaron Clarke, encouraged by Neil Melendez.
I learned from another domestic helper, Suresh Kishan, that suspicious activity
involving the burial of a body occurred in the garden of the Melendez Residence.
The body of Anjali Sharma was discovered on 25th March 2024 by Ram Prasad,
the gardener. The body was buried in the garden of the Melendez Residence.
Upon discovering the body, I immediately reported the matter to the police.

5.4. Suspected Motive:


Aaron Clarke, known for his involvement in illegal activities, acted with Neil
Melendez’s encouragement, which led to the violent crime against my sister.
6. Witnesses:
6.1. Suresh Kishan: Saw suspicious activity related to the burial of the body.
6.2. Ram Prasad: Discovered the body and reported it.
6.3. Chetan Saxena: Neighbour who might have seen or heard relevant details.

(Continued on the next page)

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7. Allegations:
7.1. The accused, Neil Melendez and Aaron Clarke, are alleged to have:
Raped and murdered Anjali Sharma.
Conspired to hide the evidence by burying her body in their garden.

7.2. Additional Claims:


Monica Melendez, wife of Neil Melendez, has attempted to mislead the
investigation by suggesting that Anjali's boyfriend, Prem, might be involved.
Chetan Saxena has supported this claim, which appears to be a diversion from
the actual perpetrators.

8. Requested Action:
I request that an FIR be registered against the accused and that a thorough
investigation be conducted to ensure justice for my sister, Anjali Sharma.

Signature of the Complainant


Name: Rupali Sharma
Date: 25th March 2024

Signature of the Police Officer


Name: Rajesh Mehta
Rank: Sub-Inspector
Date: 25th March 2024

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EXHIBIT B - ARREST/COURT SURRENDER MEMO OF A1


NEW

1. Dist: Golpur P.S.: Golpur Year: 2024 FIR No. 132 dated 25.03.2024
Alphanumeric code of the Accused:
A1 - Neil Melendez

2. Date & Time of Arrest / Surrender: Date- 15.04.2024 Time- 12:18 p.m.
3. Name of the Court (if surrendered): N/A

4. Acts Union of Finisthan Penal Code and Sections: 302/376 Union of Finisthan Penal
Code

5. Arrested and sent up / Arrested and released on bail / Surrendered in court and
bailed out / Surrendered in court and sent to judicial custody / Surrendered in court
and remanded to Police custody - ARRESTED AND SENT UP.

6. Particulars of the Accused:


(A.) (i) Name: Neil Melendez
(ii) Father’s Name: John Melendez
(iii) First Alias: N/A
(vi) Nationality: Finisthani
(vii) (a) Passport No.: XKBZY
(b) Date of Issue: 12.08.2022
(c) Place of Issue: Golpur
(viii) Religion: Christian
(ix) Caste / Tribe: N/A
(x) SC/ST: N/A
(xi) Occupation: Businessman
(xii) Permanent address: Melendez Residence, 8, Harris Road, Golpur

7. Injuries, cause of injuries and physical condition of the accused person (Indicate if
medically examined): N/A

8. The accused, after being informed of the grounds of arrest and his legal rights, was
duly taken into custody on 15.04.2024 (date) at 12:18 (hours) from Melendez Residence,
8, Harris Road, Golpur (place).

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9. The following article(s) was / were found on physical search, conducted on the
person of the accused, and were taken into possession for which a receipt was given
to the accused. **

i. Wristwatch
ii. Gold Chain
iii. Platinum Band
iv. Diamond Ring
v. Cigarette Case and Lighter
vii. One Handkerchief
viii. Wallet containing cards and Rs. 16000/- worth cash bills.
Necessary wearing apparels were left on the accused for the sake of human dignity
and body protection.

The accused was cautioned to keep himself / herself covered for purpose of
identification.

Intimation given to Mrs. Monica Melendez, Wife of A1

** If no article found, ‘Nil’ may be indicated in the blank space provided below:

10. Physical features, deformities and other details of the accused:

*Date / Year of *Height in


*Sex *Build *Complexion *Identification Marks
Birth Cms
1 2 3 4 5 6
Mole on the back side
Male 18.03.1972 Medium 175 cm Fair
of the neck

(For Modus Operandi Offences only)

(Continued on the next page)

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*Deformities /
*Tech *Hair *Eye *Habit(s) *Dress habits
peculiarities
7 8 9 10 11 12
Arrogant, Rough,
Nil Nil Grey Brown Sophisticated
Hot Headed

PLACE OF
*Languages /
Dialect *Burn Mark *Leucoderma *Mole *Scar *Tattoo

13 14 15 16 17 18
Black Mole
On the right
English N/A N/A on the back N/A
Hand
of the neck

11. Whether fingerprint taken or not? - YES


12. Socio-economic profile of the accused showing:
(a) Living Status: Living alone / with Family / Relation / Hotel / Hostel / Kaccha

House / Thatched House / Slum or is homeless.


(b) Educational qualification(s): B.Com (Hons.); MBA
(c) Occupation: Business
(d) Income Group: (v.)
(i). Lower Income (Below Rs. 5000/P.M.)
(ii). Lower middle Income (From Rs. 5001 to Rs. 10000)
(iii). Middle Income (From Rs. 10001 to Rs. 20000)
(iv). Upper Middle Income (From Rs. 20001 to 30000)
(v). Upper Income (above Rs. 30000)

(Continued on the next page)

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13. Whether the accused person, as per the observations and known Police records:

a) Is dangerous NO
b) Previously escaped any bail NO
c) Is generally armed NO
d) Operates with accomplices NO
e) Has past criminal records NO
f) Is recidivist NO
g) Is likely to escape bail YES
h) If released on bail, is likely to commit another crime
immediately or threaten the victims / witnesses YES
i) Is wanted in any other case NO

Signature of the Investigating officer with:

RAJESH MEHTA
Sub Inspector

Number, if any: 8290


Date: 15.04.2024

Place: Golpur

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ARREST/COURT SURRENDER MEMO OF A2


NEW

1. Dist: Golpur P.S.: Golpur Year: 2024 FIR No. 132 dated 25.03.2024
Alphanumeric code of the Accused:
A2 - Aaron Clarke

2. Date & Time of Arrest / Surrender: Date- 15.04.2024 Time- 12:48 p.m.
3. Name of the Court (if surrendered): N/A

4. Acts Union of Finisthan Penal Code and Sections: 302/376 Union of Finisthan Penal
Code

5. Arrested and sent up / Arrested and released on bail / Surrendered in court and
bailed out / Surrendered in court and sent to judicial custody / Surrendered in court
and remanded to Police custody - ARRESTED AND SENT UP

6. Particulars of the Accused:


(i) Name: Aaron Clarke
(ii) Father’s Name: Adam Clarke
(iii) First Alias: N/A
(vi) Nationality: Finisthani
(vii) (a) Passport No.: XCCAC
(b) Date of Issue: 08.03.2022
(c) Place of Issue: Golpur
(viii) Religion: Christian
(ix) Caste / Tribe: N/A
(x) SC/ST: N/A
(xi) Occupation: Unemployed (Student)
(xii) Permanent address: Kamla Residence, 12, Smart Road, Golpur

7. Injuries, cause of injuries and physical condition of the accused person (Indicate if
medically examined): N/A

8. The accused, after being informed of the grounds of arrest and his legal rights, was
duly taken into custody on 15.04.2024 (date) at 12:48 (hours) from Kamla Residence, 12,
Smart Road, Golpur

(Continued on the next page)

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9. The following article(s) was / were found on physical search, conducted on the
person of the accused, and were taken into possession for which a receipt was given
to the accused. **

i. Wristwatch
ii. Platinum Band
iii. Cigarette Case and Lighter
v. One Handkerchief
v. Wallet containing cards and Rs. 5000/- worth cash bills.
Necessary wearing apparels were left on the accused for the sake of human dignity
and body protection.

The accused was cautioned to keep himself / herself covered for purpose of
identification.

Intimation given to Chetan Saxena, the full time mentor of A2

** If no article found, ‘Nil’ may be indicated in the blank space provided below:

10. Physical features, deformities and other details of the accused:

*Date / Year *Height in


*Sex *Build *Complexion *Identification Marks
of Birth Cms
1 2 3 4 5 6

Male 12.01.2007 Thin & Slim 179 cm Medium Dark Nil

(For Modus Operandi Offences only)

(Continued on the next page)

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*Deformities /
*Tech *Hair *Eye *Habit(s) *Dress habits
peculiarities
7 8 9 10 11 12

Nil Nil Black Blue Short - tempered Casual

PLACE OF
*Languages /
Dialect *Burn Mark *Leucoderma *Mole *Scar *Tattoo

13 14 15 16 17 18
All over the
English Nil Nil Nil Nil
neck & Hands

11. Whether fingerprint taken or not? - YES


12. Socio-economic profile of the accused showing:
(a). *Living Status: Living alone / with Family / Relation / Hotel / Hostel / Kaccha

House / Thatched House / Slum or is homeless.


(b) Educational qualification(s): 10th Passed out
(c) Occupation: Student
(d) Income Group: (v.) (Family Income)
(i). Lower Income (Below Rs. 5000/P.M.)
(ii). Lower middle Income (From Rs. 5001 to Rs. 10000)
(iii). Middle Income (From Rs. 10001 to Rs. 20000)
(iv). Upper Middle Income (From Rs. 20001 to 30000)
(v). Upper Income (above Rs. 30000)

(Continued on the next page)

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13. Whether the accused person, as per the observations and known Police records:

a) Is dangerous YES
b) Previously escaped any bail NO
c) Is generally armed NO
d) Operates with accomplices NO
e) Has past criminal records YES
f) Is recidivist YES
g) Is likely to escape bail YES
h) If released on bail, is likely to commit another crime
immediately or threaten the victims / witnesses YES
i) Is wanted in any other case NO

Signature of the Investigating officer with:

RAJESH MEHTA
Sub Inspector

Number, if any: 8290


Date: 15.04.2024

Place: Golpur

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EXHIBIT C - CRIME SCENE REPORT NEW

Date of Report: 26th March 2024


Location of Incident: Melendez Residence, 8, Harris Road,Golpur
Investigating Officer: S.I. Rajesh Mehta

1. Initial Response:
Date and Time of Response: 25th March 2024, approximately 10:00 AM
Description of the Call: The police were alerted by Ms. Rupali Sharma regarding
the discovery of a body buried in the garden of the Melendez Residence.

2. Crime Scene Description:


Location: Garden area of the Melendez Residence, adjacent to the servant’s
quarters.
Condition: The body of Ms. Anjali Sharma was found partially buried in a shallow
grave. The garden area was visibly disturbed with freshly turned soil.

3. Evidence Collection:
Forensic Examination: A forensic team was dispatched to secure and examine
the crime scene. The following evidence was collected:
1. Soil Samples: Collected from the burial site to analyse for trace evidence and
confirm the location where the body was buried.
2. Fingerprint Analysis: Fingerprints were taken from objects and surfaces near the
burial site.
3. Photographs: Photographs of the crime scene, body, and surrounding area were
taken to document the condition and layout of the scene.
Body Examination: The body was examined and documented before being
removed for a post-mortem examination.

4. Observations:
Body Condition: The body showed signs of significant decomposition. Visible
injuries included severe bruising and abrasions. Forensic examination confirmed
trauma consistent with blunt force and manual strangulation.

(Continued on the next page)

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Trauma Indicators:
1. External Injuries: Multiple bruises, contusions, and scratches were noted.
2. Internal Injuries: Internal hemorrhaging and signs of sexual assault were
identified.

Scene Layout: The body was found in a shallow grave, approximately 3 feet deep.
Nearby, disturbed soil indicated recent excavation.

5. Witness Statements:
Suresh Kishan: Noted seeing suspicious activity involving individuals near the
garden area.
Gardener’s Observation: Noticed the disturbed soil and alerted authorities.

6. Preliminary Findings:
The death of Ms. Anjali Sharma was ruled a homicide due to blunt force trauma
and asphyxiation. Evidence of sexual assault was also present.
The burial site was clearly marked by recent soil disturbance, consistent with an
attempt to conceal the body.

7. Recommendations for Further Investigation:


Interviews and Interrogations: Continued interrogation of the Melendez family
members and other potential witnesses.
Forensic Analysis: Detailed forensic analysis of soil samples, fingerprints, and
DNA evidence to further establish the involvement of individuals.
Alibi Verification: Further verification of alibis provided by suspects, including
checking of digital and physical evidence related to their whereabouts.

8. Conclusion:
The crime scene analysis supports the classification of Ms. Anjali Sharma’s death
as a homicide. The evidence gathered provides critical insights into the nature of
the crime and the individuals potentially involved.

(Continued on the next page)

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(Continued from the previous page)

This report is intended to provide a comprehensive overview of the crime scene and
the initial findings from the investigation.
Thank you for your attention.

Yours sincerely,

S.I. Rajesh Mehta


Golpur Police Department

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EXHIBIT D - STATEMENT OF WITNESSES (UNDER SECTION 161 OF CRPC)


NEW

Neil Melendez
I, Neil Melendez, am writing my statement in defence concerning the tragic and
grievous accusations against me in the matter of Ms. Anjali Sharma's death on the
evening of March 19th, 2024. As an influential businessman and a long-standing
member of this community, my reputation has always been impeccable. I have been
involved in numerous charitable activities and have always treated my employees with
the utmost respect and dignity.
On March 19th, I spent the entire day with my wife, Mrs. Monica Melendez. We were
engaged in various activities within our home and were preparing for a social event
that we planned to attend later in the week. Monica can attest that I did not leave her
side the entire evening. The claim that I arrived home under the influence of alcohol is
entirely false. I do not indulge in heavy drinking, especially not to the extent of being
inebriated.
At approximately 10:00 PM on the night of the incident, Monica received a text
message from Anjali. The message stated that Anjali intended to visit her sick mother.
Therefore, we did not put much thought into her absence. Mr. Chetan Saxena, a close
family friend and mentor to our nephew Aaron, had come to our house on the day in
question. Aaron was with him in his house when the crime is alleged to have occurred.
Prem, who is alleged to be Anjali's boyfriend, needs to be thoroughly investigated.
According to Monica, Prem often dropped her off at the house, and there were
noticeable tensions between them. I am deeply horrified and saddened by the death
of Anjali, who was a diligent and trusted member of our household staff.

Monica Melendez
I am Monica Melendez, wife of Neil Melendez. My husband, Neil, is a well-respected
businessman and a pillar of our community. Throughout our marriage, he has shown
nothing but integrity and kindness towards everyone, especially our employees.
On March 19th, Neil and I spent the entire day together. We were engaged in various
household activities and were preparing for an upcoming social event. We were
together at home throughout the evening. At no point was Neil intoxicated or under
the influence of alcohol. On that particular evening, he did not consume any alcohol.

(Continued on the next page)

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At around 10:00 PM on the evening of the incident, I received a text message from
Anjali. She informed me that she was planning to visit her sick mother.
Anjali's supposed boyfriend, Prem, should be thoroughly investigated. He frequently
dropped Anjali outside our home, and there were noticeable tensions between them. I
have seen them argue on multiple occasions. Given that Chetan witnessed him
dropping her in front of our home on the morning of March 19th, it is plausible that
Prem was the one who harmed Anjali. On previous occasions, I had seen Prem outside
the Melendez mansion having heated arguments with Anjali. I did not want to
interfere, so I ignored them, but I did ask Anjali about it the next day. She told me how
her boyfriend could sometimes be aggressive.
I am deeply saddened and shocked by the tragic death of Anjali, who was a valuable
member of our household staff. I strongly assert the innocence of my husband, Neil,
and our nephew, Aaron.

Suresh Kishan
I, Suresh Kishan, am a domestic helper employed by the Melendez family. I have been
working for them for the past five years and have always been treated well and
respected by Mr. Neil Melendez and Mrs. Monica Melendez. As a domestic helper, my
responsibilities include cleaning, maintenance, and various other household chores. I
reside in the servant's quarters, which are adjacent to the garden.
On the evening of March 19th, 2024, I was in the servant's quarters after completing my
daily duties. I did not directly interact with Anjali that day as our tasks usually keep us
in different parts of the house. At around 10:00 PM, I noticed Mr. Neil Melendez and his
nephew, Aaron, in the garden from the servant’s quarters. It was dark, and the visibility
was limited, but I saw them burying something, which caught my attention because it
was unusual to see them engaging in such an activity late at night.
I did not approach them or inquire about their actions at that time. I assumed they
were dealing with some garden waste or perhaps a pet’s remains, as it was not
uncommon for the family to take care of such matters personally. Mrs. Melendez
informed me that Anjali had left her a text message about visiting her mother, thus her
absence didn't raise my suspicion.

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On March 25th, 2024, the gardener, Ram Prasad, discovered a buried body in the
garden. This was shocking to all of us. When the body was identified as Anjali’s, I
immediately reported what I had seen to the police, believing it to be my duty to assist
in the investigation.
My initial observation was made from a distance, and given the poor visibility, I cannot
confirm with certainty what was being buried. However, it is my duty to mention what
I saw on the night of the 19th.

Ram Prasad

I, Ram Prasad, am the gardener employed by the Melendez family. I have been working
for them for the past eight years, maintaining the garden and ensuring the outdoor
areas are well-kept. As the gardener, my responsibilities include planting, pruning,
watering, and maintaining the overall appearance of the garden and outdoor areas of
the Melendez mansion. I work closely with other domestic staff and am familiar with
the daily routines of the household.
On the 19th of March, I performed my usual gardening duties throughout the day. I did
not notice anything out of the ordinary in the garden or around the house during my
working hours, which typically end around 6:00 PM.
On the 25th of March 2024, while I was tending to the garden, I noticed an area with
disturbed soil near the back of the garden. This was unusual, as I had not done any
recent digging in that spot. Out of curiosity, I began to carefully dig into the disturbed
area. I quickly uncovered the remains of a dead body. I was deeply shocked and
immediately stopped digging. I ran to inform my employers, Mr. Neil Melendez and
Mrs. Monica Melendez, about the grim discovery.
Rupali had also come to look for her sister as she was unable to contact her. She was
visibly distraught and immediately accused Mr. Neil Melendez and his nephew, Aaron,
of being responsible for Anjali’s death as soon as the police uncovered the body and
she identified it to be her sister’s body.

(Continued on the next page)

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I have known the Melendez family for many years, and during my time working for
them, I have never seen any behaviour that would suggest they were capable of
committing such a heinous crime. In the days leading up to the discovery, I did not
notice any significant changes in the behaviour of Mr. Neil Melendez, Mrs. Monica
Melendez, or Aaron. Everything seemed normal, and there were no indications of any
conflict or tension that I was aware of.

Rupali Sharma
I, Rupali Sharma, am the sister of Ms. Anjali Sharma, who was employed as a domestic
helper at the Melendez household.
I reside in a town several hours away from Golpur. My sister Anjali moved to Golpur
seeking better opportunities, as our mother is unwell and in need of support. Anjali
had always been a hardworking and dedicated individual, aiming to save money to
start a small business.
From the evening of 19th March 2024, I tried to reach Anjali multiple times via phone
but received no response. This was unusual as she was typically prompt in returning
my calls. Concerned for her well-being, I decided to visit the Melendez mansion to
inquire about her whereabouts.
I arrived at the Melendez mansion on the 25th of March. Upon arrival, I witnessed Ram
Prasad, the gardener, frantically shouting about a body had being discovered buried in
the garden.
I immediately called the police and requested them to come immediately. After the
body was dug out, I identified the body by the finger ring on its hand as it was our
mother’s ring and realised it was my sister’s.
Given the shocking discovery, I immediately accused Mr. Neil Melendez and his
nephew, Aaron, of being responsible for Anjali's death. I had been aware of Aaron’s
rebellious behaviour and his frequent illegal activities. I also told the police about how
Anjali had informed me about the times Aaron had bullied and behaved
inappropriately with her.

(Continued on the next page)

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Mrs. Monica Melendez, suggested that Anjali might have had a relationship with a man
named Prem, who she claimed could be responsible for the crime however, Anjali had
never mentioned such a person’s existence to me. Based on what Anjali had told me, I
only suspect Neil and his nephew.

Aaron Clarke
I, Aaron Clarke, am the nephew of Mr. Neil Melendez. I am 22 years old and often visit
my uncle, Mr. Neil Melendez, and his wife, Mrs. Monica Melendez. I have had some
troubles in the past and have been trying to get my life back on track with the support
of my family. Anjali was a domestic helper in the Melendez household. While I
interacted with her occasionally, our interactions were strictly limited to household
matters.
On the day of the incident, I spent the majority of my time at the house of Mr. Chetan
Saxena, my mentor. I went there in the afternoon and stayed until late evening. We
were working on some personal projects and discussing my future plans. I returned
home around 9:30 p.m. Upon my arrival, I noticed that the house was unusually quiet. I
went straight to my room and did not encounter Anjali or anyone else in the
household at that time. I had no involvement in any heinous act as alleged, and I am
appalled by the very suggestion that I could commit such a crime.
While I acknowledge that I have had some rebellious behaviour in the past, I have been
making sincere efforts to improve my life. I have not engaged in any illegal activities or
petty crimes recently. The accusations seem to be an attempt to malign my character
based on my past mistakes.
The suggestion that Anjali's alleged boyfriend, Prem, might be involved should be
thoroughly investigated, as he had more personal motives and opportunities to
commit the crime. I have seen him on multiple occasions outside the house premises,
often fighting and arguing with Anjali.
The suggestion that Anjali's alleged boyfriend, Prem, might be involved should be
thoroughly investigated, as he had more personal motives and opportunities to
commit the crime. I have seen him on multiple occasions outside the house premises,
often fighting and arguing with Anjali.

(Continued on the next page)

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Chetan Saxena

I, Chetan Saxena, am a close friend and neighbour of the Melendez family and a mentor
to Aaron Clarke. I have known the Melendez family for over a decade. As a neighbour
and friend, I frequently visit their mansion and have a close relationship with Neil and
Monica Melendez. I have been mentoring their nephew, Aaron, to help him overcome
past behavioural issues and support his efforts to improve his life. Aaron often comes to
my house for guidance and support.
On March 19th, he spent the majority of the day at my place, working on some personal
projects and discussing his future plans. Aaron arrived at my house around 2:00 PM and
stayed until approximately 9:30 PM. During this time, we were together, and I can
confirm his presence with me throughout these hours. We engaged in various activities,
including discussing his studies and future career plans. Aaron was with me the entire
time and did not leave my house until he went back home.
After Aaron left my house around 9:30 PM, I went to bed shortly thereafter. I did not visit
the Melendez mansion that night and was unaware of any unusual activities.
Earlier that day, I visited the Melendez mansion briefly to discuss some personal
matters with Neil. During my visit, I saw Anjali Sharma at the gate of the house, getting
off the bike of her boyfriend, Prem. I had seen this man before around the Melendez
premises with Anjali. I firmly believe that Aaron is being wrongly accused based on his
past behaviour rather than any concrete evidence linking him to the crime.
My priority is to ensure that a fair and thorough investigation is conducted, and I hope
that my statement contributes to a clearer understanding of the events surrounding
Anjali Sharma’s tragic death.

(Continued on the next page)

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Dr. Arjun Patel

I, Dr. Arjun Patel, am a forensic pathologist with extensive experience in conducting


autopsies and analysing forensic evidence. I am providing this detailed statement
regarding the autopsy of Ms. Anjali Sharma, who was found deceased on March 25th,
2024. This statement includes my findings and conclusions based on the autopsy
performed on her body.
The autopsy was conducted at the Golpur Mortuary, where the body was carefully
examined. I followed standard forensic procedures to ensure a comprehensive
examination.
The body was found partially decomposed due to being buried. However, there were
visible signs of trauma, including bruising, lacerations, and abrasions on various parts of
the body. Notable injuries included severe contusions on the head, consistent with
blunt force trauma, and multiple scratches and bruises on the arms and legs.
The internal examination revealed significant trauma, including internal haemorrhages
and injuries consistent with physical assault. The reproductive organs showed evidence
of sexual assault, including signs of penetration and associated injuries.
The primary cause of death was determined to be blunt force trauma combined with
asphyxiation resulting from manual strangulation. The internal injuries and the state of
decomposition indicated that the assault was severe and prolonged. The manner of
death was classified as homicide. The injuries sustained and the nature of the assault
were consistent with a deliberate act of violence rather than accidental or self-inflicted
harm.
Based on the condition of the body and the level of decomposition, the estimated time
of death was between 8:00 PM and 10:00 PM on March 19th, 2024.
DNA samples were collected from the body and analysed. The forensic analysis found
that the DNA evidence was inconclusive due to the delay in retrieving the body and the
degradation of the samples, making it difficult to obtain a conclusive result. The quality
or quantity of DNA from the sample was not enough to produce results.
No additional evidence of foreign substances or drugs was found in the body,
indicating that the assault was not facilitated by external chemical agents.
The autopsy provided clear evidence of a violent assault, including physical trauma and
sexual assault. The findings support the conclusion that Ms. Anjali Sharma was
murdered through deliberate acts of violence.

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EXHIBIT E - STATEMENT OF WITNESSES (UNDER SECTION 164 OF CRPC)


NEW

Neil Melendez
I, Neil Melendez, am writing my statement in defense regarding the false and baseless
accusations that have been levied against me regarding the death of our house-help
Anjali Sharma. As a prominent businessman and a dedicated member of this
community, my reputation has always been exemplary. I have actively engaged in
various charitable endeavours and have always shown my employees the highest level
of respect and consideration.
On the 19th of March, I spent the entire day with my wife, Mrs. Monica Melendez, as we
had an upcoming social event planned that week. Both of us were engaged in various
activities at our home. Monica can confirm the same chain of events. The claim that I
reached under the heavy influence of alcohol is entirely baseless as I never indulge
myself in such activities, especially not to the extent of being inebriated.
At approximately 10:00 PM that night, Monica also received a text message from Anjali
stating her intention of visiting her sick mother. As a result, we did not consider her
absence to be a matter of concern. During the occurrence of the alleged crime, my
nephew Aaron Clarke was at Mr. Chetan Saxena’s house, who is a family friend as well
as a mentor to Aaron. Mr. Saxena had also visited our house that day. According to
Monica, Anjali’s alleged boyfriend, Prem, often dropped her at our house, and there
was noticeable tension brewing between them. I think Prem should be thoroughly
investigated. I am deeply horrified and saddened by the death of Anjali, who was a
diligent and trusted member of our household staff.

Monica Melendez
I am Monica Melendez, wife of Neil Melendez. My husband, Neil, is a highly regarded
businessman and a cornerstone of our community. Throughout our marriage, he has
consistently demonstrated integrity and kindness, particularly towards our employees
both at home and in the workplace.
On March 19th, Neil and I spent the entire day together, engaged in various household
tasks and preparing for an upcoming social event. We were at home together
throughout the evening. At no point was Neil intoxicated or under the influence of
alcohol that evening.

(Continued on the next page)

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On the evening of the incident, at around 10 PM, I received a text message from Anjali
informing me that she was going to visit her mother as she had fallen sick. Anjali’s
boyfriend, Prem, should be thoroughly investigated, as I have seen tension brewing
between them, which has led to heated arguments outside the gate of the premises
on multiple occasions. I noticed these arguments taking place frequently. One day, I
saw them having a very heated argument, but I did not interfere. I asked Anjali about
the argument the next day out of goodwill, and she told me how her boyfriend could
sometimes become aggressive. According to Chetan, Prem had dropped her in front of
our home on the morning of the incident, making it plausible that Prem was the one
who harmed Anjali. I am deeply saddened and shocked by the tragic death of Anjali,
who was a valuable member of our household staff. I strongly assert the innocence of
my husband, Neil, and our nephew, Aaron.

Chetan Saxena
I, Chetan Saxena, have been a close friend and neighbour of the Melendez family for
over a decade. I frequently visit their mansion and have a close rapport with both Neil
and Monica Melendez. Their nephew, Aaron Clarke, frequently comes over to my house
for guidance, as I have been mentoring him to overcome his past behavioural issues
and trying my best to help him improve his life. I can confirm his presence at my house
on March 19th, from around 2:00 PM to 9:30 PM. We engaged in various activities,
including discussions about his studies and future career plans. I went to bed shortly
thereafter and did not visit the Melendez mansion again that night. Earlier that day, I
visited the Melendez mansion to discuss a few personal matters with Neil, and during
my visit, I saw Anjali Sharma getting dropped off at the gate by her boyfriend, Prem,
who was often seen with her on the premises of the Melendez mansion. I strongly
believe that, even without any concrete evidence linking him directly with the crime,
Aaron is being wrongly accused only because of his past behaviour. My priority is to
ensure that a fair and thorough investigation is conducted, and I hope that my
statement contributes to a clearer understanding of the events surrounding Anjali
Sharma’s tragic death.

(Continued on the next page)


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Aaron Clarke

I, Aaron Clarke, am the nephew of Mr. Neil Melendez. I am 17 years old and often visit
the Melendez mansion. I have had some troubles in the past and have been trying to
get my life back on track with the support of my family and Mr. Chetan Saxena, my
mentor. Anjali was a domestic helper in the Melendez household. While I interacted
with her occasionally, our interactions were strictly limited to household matters.
On the day of the incident, I spent most of my time at the house of Mr. Chetan Saxena,
from afternoon till late evening. Upon returning to my uncle’s house at around 9:30 PM,
I noticed that the surroundings were unusually quiet. At that time, I encountered
neither Anjali nor anyone else from the household and went straight to my room.
While I acknowledge that I have had some rebellious behaviour in the past, I have been
making sincere efforts to improve my life by not engaging in any illegal activities or
petty crimes whatsoever. The accusations seem to be an attempt to malign my
character based on my past mistakes. The suggestion that Anjali's alleged boyfriend,
Prem, might be involved should be thoroughly investigated, as he had more personal
motives and opportunities to commit the crime. I have seen him on multiple occasions
outside the house premises, often fighting and arguing with Anjali. I had no
involvement in any heinous act as alleged, and I am appalled by the very suggestion
that I could commit such a crime.

Rupali Sharma

I, Rupali Sharma, am the sister of Ms. Anjali Sharma, who was employed as a domestic
helper at the Melendez household. I reside in a town several hours away from Golpur.
My sister Anjali moved to Golpur seeking better opportunities, as our mother is unwell
and in need of support. She had always been a hardworking and dedicated individual,
aiming to save money to start a small business. From the evening of 19th March 2024, I
tried to reach Anjali multiple times via phone but received no response. This was
unusual as she was usually prompt in returning my calls. Concerned for her well-being,
I decided to visit the Melendez mansion on the 25th March, 2024, to inquire about her
whereabouts. Upon arrival, I witnessed Ram Prasad, the gardener, frantically shouting
about a body being discovered buried in the garden, which led me to immediately call
the police and request them to come over as soon as possible.

(Continued on the next page)

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After the body was dug out, I identified it as my sister’s, as it had our mother’s finger
ring on its hand. Given the shocking discovery, I immediately accused Mr. Neil
Melendez and his rebellious nephew, Aaron, of being responsible for Anjali's death, as I
was aware of how he used to bully my sister and behave inappropriately with her.

Suresh Kishan

I, Suresh Kishan, am a domestic helper at the Melendez mansion and have been
working for them for the past five years. The Melendez family has always treated me
with respect. My job as a domestic helper includes cleaning, maintenance, and other
chores around the house. The Melendez family has been kind enough to provide me
with a place of residence in the servant quarters, which are adjacent to the garden.
On the evening of the 19th, I was in my room in the servant quarters. I did not have any
direct interaction with Anjali that day, as the work assigned to us was in different parts
of the house, and we did not cross paths. At around 10 PM, I noticed Neil Melendez and
his nephew Aaron Clarke digging an area of the garden. Since it was dark, I couldn’t
clearly make out their exact actions, but it had caught my attention since it was
unusual for them to dig up a garden at 10 PM. I did not approach them as I assumed
they were dealing with some garden waste or burying the remains of a family pet.
Therefore, I did not inquire or approach them as it might have been a private family
matter. Anjali’s absence from the servant quarters that night did not raise any
suspicion from my end, as Mrs. Melendez had already informed me that she would be
visiting her mother that night.
On the 25th of March, after Ram Prasad discovered the dead body and it was identified
as Anjali’s, I immediately reported to the police what I had seen on the night of the
19th. Even though it was difficult for me to clearly make out through the dark what was
being buried, it is my duty to inform the police about what I saw.

(Continued on the next page)

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Ram Prasad
I, Ram Prasad, have been employed as the gardener for the Melendez family for the
past eight years, during which I have diligently maintained their garden and outdoor
spaces. My responsibilities include planting, pruning, watering, and ensuring the
overall appearance of the garden is well-kept. I work closely with the other domestic
staff and am familiar with the daily routines of the household.
On March 19th, I carried out my usual gardening duties throughout the day. I observed
nothing out of the ordinary in the garden or around the house during my working
hours, which usually conclude around 6 PM.
However, on March 25th, while tending to the garden, I noticed an area with disturbed
soil near the back of the garden. This was unusual, as I had not done any recent digging
in that spot. Curiosity led me to carefully dig into
the disturbed area, and to my horror, I uncovered the remains of a dead body. I was
deeply shocked and immediately ceased digging. I promptly went to inform my
employers, Mr. Neil Melendez and Mrs. Monica Melendez, about this grim discovery.
Rupali, who had come looking for her missing sister, was visibly distraught when she
arrived. Upon identifying the body as her sister Anjali’s, she immediately accused Mr.
Neil Melendez and his nephew, Aaron, of being responsible for Anjali’s death. This
accusation came as the police uncovered the body and Rupali identified it.
I have been working for the Melendez family for a very long time, and I never got the
slightest hint of any kind of behaviour from them that would suggest they could
commit such a heinous crime. There were no changes in the behaviour of any
members of the family, be it Mr. Neil, Mrs. Monica, or Aaron. There was no tension or
conflict among them, and everything seemed normal to me.

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Sub - Inspector Rajesh Mehta


I, Sub-Inspector Rajesh Mehta, am the lead investigator assigned to the case involving
the tragic death of Ms. Anjali Sharma, a domestic helper at the Melendez household.
On March 25, 2024, the police received a call from Ms. Rupali Sharma, reporting the
discovery of a body in the garden of the Melendez mansion. A team of officers,
including myself, immediately responded to the scene.
Upon arrival, the body was found partially buried in a shallow grave in the garden. The
area was cordoned off, and a thorough examination of the scene was conducted.
Forensic experts were called in to collect evidence, including soil samples, fingerprints,
and any other potential clues around the burial site. After the body was uncovered, Ms.
Rupali Sharma identified the body as her sister’s by their mother’s ring on the body’s
finger. The body was sent for a post-mortem examination to determine the cause and
time of death.
Multiple individuals were interviewed, including members of the Melendez family,
other domestic helpers, and neighbours.
Key witness statements were as follows:
Rupali Sharma: Ms. Sharma accused Mr. Neil Melendez and his nephew, Aaron
Clarke, of being responsible for Anjali’s death. She stated that Anjali had confided in
her about Aaron’s troubling behaviour and that she had been concerned for her
sister’s safety since she could not be contacted from 19th March, 2024.
Suresh Kishan: Another domestic helper, Suresh, reported seeing Mr. Neil Melendez
and Aaron in the garden on the night of 19th March, engaged in what appeared to
be suspicious activity near the site where Anjali’s body was later found.
Ram Prasad: The gardener, who discovered Anjali’s body, provided a statement
regarding the condition of the garden and his observations in the days leading up
to the discovery.
Statements from the Accused:
Neil Melendez: Mr. Melendez denied any involvement in Anjali’s death, stating
that he was with his wife, Monica, throughout the evening of 19th March. He
claimed that Anjali had texted Monica about visiting her sick mother that
evening.

(Continued on the next page)


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Aaron Clarke: Aaron also denied the accusations, stating that he was at the
house of his mentor, Mr. Chetan Saxena, during the critical hours. Chetan
confirmed this alibi, stating that Aaron was with him until around 9:30 PM.
Monica Melendez: Mrs. Melendez supported her husband’s statement and
suggested that Anjali’s alleged boyfriend, Prem, could be responsible for her
death. She claimed that Anjali had an argument with Prem on the day of the
incident.
Forensic Findings:
The post-mortem report revealed that Anjali had suffered multiple injuries
consistent with physical assault and had been sexually assaulted before her
death. The estimated time of death was between 8:00 PM and 10:00 PM on 19th
March 2024.
DNA samples collected from the scene were inconclusive.- due to delay in
retrieving the body
Investigations into Anjali’s personal relationships and her alleged boyfriend,
Prem, revealed that there were tensions between them. However, there was no
concrete evidence linking Prem to the crime at this stage. Examination of
phone records showed that Anjali had indeed sent a text message to Mrs.
Melendez about visiting her mother. However, there were no outgoing calls or
messages from Anjali’s phone after that evening, indicating she did not leave
the Melendez residence as claimed. We have attempted to locate Prem but
have been unable. He claimed he went on an office tour outside the country
with his colleagues in the afternoon of the 19th. There is evidence supporting
this claim.
Based on the collected evidence, including witness statements, forensic findings, and
inconsistencies in the alibis provided by Neil and Aaron Clarke, it is recommended that
both individuals be treated as prime suspects in the investigation. Further
interrogation of the suspects, re-examination of the forensic evidence, and additional
investigation into the whereabouts and actions of all relevant parties on the night of
19th March 2024 are necessary to build a comprehensive case.

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EXHIBIT F - AUTOPSY REPORT


NEW

Date of Report: 26th March 2024


Name of Deceased: Ms. Anjali Sharma
Date of Birth: 13th September 1994
Date of Death: Estimated 19th March 2024
Date of Autopsy: 25th March 2024
Pathologist: Dr. Arjun Patel
Institution: Golpur Mortuary

Introduction
Reason for Autopsy: Ms. Anjali Sharma was found deceased and buried in a
shallow grave. The autopsy was conducted to determine the cause and manner
of death, and to collect evidence for the ongoing investigation.
External Examination
Body Condition: The body was partially decomposed due to being buried. The
decomposition included bloating, discoloration, and the presence of maggots.
Injuries Observed:
Head:
Multiple contusions on the forehead and scalp.
Lacerations on the scalp, indicative of blunt force trauma.
Subdural haemorrhage observed beneath the scalp, suggesting severe
impact.
Face:
Bruising around the eyes and mouth.
Petechial haemorrhages noted in the conjunctiva (eyes), consistent with
strangulation.
Arms:
Extensive bruising and scratches on both forearms, indicating defensive
wounds.
Multiple abrasions on the skin.
Legs:
Bruising and abrasions on both legs, consistent with physical struggle.
Torso:
Bruising on the chest wall and abdomen, indicative of blunt trauma.
(Continued on the next page)
Disclaimer: It is a hypothetical proposition and all names and materials used herein 48
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
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(Continued from the previous page)

Internal Examination
Head:
Cranium:
Fractures in the frontal and parietal bones consistent with blunt force
impact.
Brain:
Subdural hematoma observed, indicative of severe trauma.
No evidence of pre-existing conditions or other injuries.
Neck:
External Examination:
Bruising around the neck and significant petechial haemorrhages.
Internal Examination:
Evidence of manual strangulation was found, with bruising of the soft
tissues and the presence of haemorrhages in the neck muscles.
Thorax:
Chest:
Contusions and bruising observed on the rib cage and chest wall.
No signs of rib fractures or internal organ damage.
Lungs and Heart:
No internal haemorrhage or damage to the organs.
Abdomen:
External Examination:
Bruising noted on the abdominal wall.
Internal Examination:
No internal haemorrhage or damage to abdominal organs.
Pelvic Region:
External Examination:
Bruising and injuries consistent with forced penetration.
Internal Examination:
Significant trauma to the vaginal and rectal areas, consistent with sexual
assault.

(Continued on the next page)

Disclaimer: It is a hypothetical proposition and all names and materials used herein 49
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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(Continued from the previous page)


Cause of Death
Primary Cause: Blunt force trauma combined with asphyxiation due to manual
strangulation.
Contributory Factors: Sexual assault and physical assault significantly
contributed to the cause of death.
Manner of Death
Classification: Homicide. The injuries and the nature of the assault indicate
deliberate and violent actions leading to death.
Estimated Time of Death
Estimation: Based on the level of decomposition, the injuries observed, and
witness accounts, the estimated time of death is between 8:00 PM and 10:00
PM on 19th March 2024.
Additional Forensic Findings
Toxicology Report:
No foreign substances, drugs, or alcohol detected in the body. The absence
of such substances indicates that the death was not facilitated by external
chemical agents.
DNA Evidence:
DNA analysis from the body samples were inconclusive due to the delay in
retrieving the body. There were also multiple samples of degraded DNA and
therefore finding a conclusive result will be difficult. The quality or quantity
of DNA from the sample was not enough to produce results.

Conclusion
The autopsy findings confirm that Ms. Anjali Sharma’s death resulted from
blunt force trauma and manual strangulation, categorised as homicide.
The evidence of sexual assault and extensive physical trauma supports the
conclusion that the death was the result of a violent crime.
This detailed report is intended to provide comprehensive insights into the nature
of Ms. Sharma’s death and to aid in the investigation and judicial proceedings.
Thank you for your attention.

Dr. Arjun Patel


Forensic Pathologist
Golpur Mortuary

Disclaimer: It is a hypothetical proposition and all names and materials used herein 50
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
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EXHIBIT G - CHARGESHEET NEW


Date: 3rd June 2024 Charge-Sheet No.: 684/2024
Dist.: Golpur P.S.: Golpur Police Station
F.I.R. No.: Golpur P.S. Case No. 132 dated 25th March 2024

I. Introduction
1.1. The chargesheet is filed against the arrested persons, Neil Melendez and Aaron
Clarke for the crimes committed on 19th March 2024, which led to the rape and
murder of Anjali Sharma.
1.2. The arrested have been charged with rape, murder, and destruction of
document to prevent its production as evidence.

II. Arrested
2.1. Neil Melendez
2.2. Aaron Clarke

III. Victim - Anjali Sharma


Age: 30 years
Occupation: Domestic Helper

IV. Charges
Section 376A, 376D (Rape) of the Indian Penal Code (IPC)
Section 302 (Murder) of the Indian Penal Code (IPC)
Section 120B (Conspiracy of Murder) of the Indian Penal Code (IPC)
Section 201 (Causing disappearance of evidence of offence, or giving false
information to screen offender) of the Indian Penal Code (IPC)
Section 34 (Acts done by several persons in furtherance of common
intention) of the Indian Penal Code (IPC)

V. Facts of the Case


5.1. On the evening of 19th March 2024, Anjali Sharma, a domestic helper at the
Melendez residence, was subjected to physical and sexual assault by Aaron
Clarke, who was accompanied by his uncle, Neil Melendez.
5.2. Evidence indicates that Aaron Clarke, with the encouragement of Neil
Melendez, raped and murdered Anjali Sharma.
5.3. Following the crime, the accused conspired to dispose of Anjali’s body by
burying it in the garden of the Melendez Residence.

(Continued on the next page)


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are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
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(Continued from the previous page)

5.4. The body was discovered by Ram Prasad, the gardener, and reported to
the authorities, leading to the investigation.

VI. Evidence
6.1. Witness Statements
Rupali: Accused the Melendez family based on Anjali’s disappearance.
Suresh Kishan: Witnessed suspicious activity related to burying the body.
Ram Prasad: Discovered the body and reported it.

6.2. Forensic Evidence


The body of Anjali Sharma, which was found buried in the garden.
Forensic analysis confirming the cause of death and signs of sexual assault.

6.3. Alibi Verification


Verification of Monica Melendez’s claims about Neil’s whereabouts.
Chetan Saxena’s statement about Aaron’s alibi.

VII. Conclusion
Based on the evidence gathered, including witness testimonies, forensic results,
and the sequence of events, the charges against Neil Melendez and Aaron Clarke
are substantiated. The arrested are responsible for the heinous crime of rape,
murder, and conspiracy to conceal evidence.

VIII. Prayer for Relief


The prosecution requests that the court:
8.1. Accept the charge sheet and proceed with the trial against the arrested.
8.2. Grant appropriate relief and justice for the victim, Anjali Sharma.

Signature of the Investigating Officer


S.I. Rajesh Mehta
Sub-Inspector

Disclaimer: It is a hypothetical proposition and all names and materials used herein 52
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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EXHIBIT H - WHATSAPP CHAT NEW

Disclaimer: It is a hypothetical proposition and all names and materials used herein 53
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
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NEW
Choice of witnesses
S/No. NAME SIDES
1 Monica Melendez Defense
2 Suresh Kishan Both prosecution and Defense
3 Ram Prasad Both prosecution and Defense
4 Rupali Sharma Prosecution
5 Dr. Arjun Patel Prosecution
6 S.I. Rajesh Mehta Prosecution
7 Chetan Saxena Defense

The Registered Teams can now make their choice as to select any Two witnesses
from the Five witnesses mentioned for their Chief Examination, as both Prosecution
and Defense, from each side, respectively. Once the choice has been made, the Teams
can put down the names of the two witnesses as a separate last page of their
Memorials (Same in both Online and Offline Copies) - as per the Memorial Type, i.e. in
both the Prosecution & Defense Memorials respectively, as required from the
abovementioned table.
The page shall be titled as "Choice of Witness".
Once the Memorials are submitted to the Organizing Committee, the choice of
witnesses will be determined, and can be put to trial only in the Prelims, when the
Witness Pairs will be Allotted to the Teams, 30 minutes before the Trial.
Points to Note:
I. This page shall not be counted in the 28 Page limit for the Memorials.
II. It is mandatory for all the Teams to mandatorily examine both their witnesses in
each Trial Round - in the Chief Examination Segment.
III. The choice made for the Witnesses shall be relevant only for the Prelims I & II, i.e.,
the Teams qualifying to the Quarter, Semi & Final Rounds may change their Choice of
Witnesses for their Chief Examinations in the respective rounds. The change in the
choice shall be duly notified to the Judges by the Members of the OC.

Disclaimer: It is a hypothetical proposition and all names and materials used herein 54
are fictitious and it neither intends nor attempts to hurt the feelings of anyone.
XSLAJ

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Xavier Society of Law and Justice (2023-24) XSLAJ


Xavier Intra-XLS Trial & Advocacy Competition 2024 Xavier Society of
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contact us
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ORGANIZING COMMITTEE
XSLAJ is a society that believes in sheer teamwork & unity. The Organizing Committee (OC) is
one of the most important piece of this element. The OC consists of both the Core Committee
& the Working Committee. Behold for the greatness coming in the near future.

Dr. Animesh Das Modit Gupta Darsh Narula Kritika Agarwal


CONVENOR STUDENT CONVENOR JNT. STUDENT CONVENOR TREASURER

Ahona Ayushmati G.
Vanshika Khemka Yash Raj Ishika Jangir
Majumder

Dipro Sur Roy


Soumya Jha Khushi Jalan Tanishq Sharma Chowdhury

Aryaa Sen Samadrita Banerjee Saanvi Agarwal Saarthak Singh

Rashi Agarwal Kris Dattani Nayanika Mitra

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