Criminal Law

Punjab Superior Judicial Service
(Main Written Examination) 2012
Criminal Law
Time Allowed:  3  Hours                                                                                                                                                                                                                                          Max.  Marks – 200
Note:      (i)  Answer all questions.
(ii)  All questions carry equal marks.  However, the marks carried by each part in a question have been indicated against that part.
Q.1(a)  X, a newly married young and dynamic person at senior position in a multinational company and Y, a beautiful, sincere unmarried girl of advance thought were the friends at work place.  Within short span of time they fell in love with each other.  There was an understanding between them that they will eventually marry each other soon after settling all issues related to X's marriage.  On the basis of said promise many times he had sexual intercourse with Y with her consent at her house where she was residing alone.  The wife of X was not ready to leave but X was trying hard to resolve his marriage issues.  Y eventually considering this circumstance started liking another person Z at the same work place and there was a change in her behaviour towards X.  On realizing this fact X tried to compel her for sexual intercourse and they did it last time on 5.5.2011.  Shocked by the conduct of X, Y filed a criminal complaint against him for prosecuting him for the offence of rape.  X pleads that such sexual intercourse were with the consent of Y, therefore, he has committed no offence.  Decide with the help of legal provisions and judicial decisions.  Also explain if otherwise X can be prosecuted.         20 Marks
1(b)  Pankaj was a cabet in the Indian Air Force.  He took of from Chandigarh Aerodrome on an Aircraft which was not meant for training without the authority of the Commandant and flew it away to Pakistan.  Later at the instance of Pankaj, the Indian High Commissioner in Pakistan arranged for the return of Pankaj and aircraft to India.  It was contended on behalf of Pankaj that his intention was to go to Pakistan and not to steal the Aircraft which he always meant to return.  There was thus no dishonest intention on him and he could not be convicted of theft.  Discuss the liability of Pankaj for the offence of theft.                                             10 Marks
1(c)  Bring out the difference between common intention and common object.         10 Marks
Q.2(a)  T, an unmarried girl became pregnant as a result of a rape.  She, along with her mother, went to the clinic of J, a homoeo-medical practitioner and requested him for an abortion.  J agreed to abort her on payment of rupees 20,000/-.  The amount was paid and an operation was performed.  But within an hour, the condition of T became very critical and she died.  What are the offences under which J could be charged.
Discuss with latest case law.                                 10 Marks
2(b)  A Magistrate orders remand of the accused under Section 309 Cr.P.C. having passed an order adjourning trial proceedings by merely filling the columns on the reverse of the printed warrant form already signed on the front side on some earlier date.  Ignoring the note given in the printed form requiring reasons to be given for remanding the accused, the Magistrate omits to pass a separate reasoned remand order.
Is the remand order legal?                                 10 Marks
2(c)  Comment with reasons on the legality or otherwise of the sentences imposed in the cases given below:-
(i)    Session Judge finding person guilty of murder and sentencing him to death by hanging – the same to be carried out forthwith.
(ii)    Judicial Magistrate Ist Class finding a person guilty of theft punishable under Section 379 IPC sentenced him to 5 years rigorous imprisonment and fine of rupees 10,000/- and in default of payment of fine additional rigorous imprisonment for 2 years.
(iii)    Chief Judicial Magistrate trying a theft case summarily, imposing a sentence of one year imprisonment.
(iv)    Offence of criminal breach of trust by public servant is tried by Judicial Magistrate Ist Class?  Can the Magistrate impose sentence of life imprisonment?             20 Marks
Q.3(a)  What are the several courses open to the Appellate Court when it finds that the Sessions Judge gave no opportunity to the accused of being heard on the question of sentence?     10 Marks
3(b)  The reputation of a person is a valuable asset for him just as in law the good will of a firm is an intangible asset.
In Gita, Lord Krishna said to Arjun:
For a self-respecting man, death is preferable to dishonor.  (Gita Chapter 2, Shloka 34).
The provisions relating to anticipatory bail provided under the Criminal Procedure Code aims at protecting the reputation of a person, the self respect of a person and will enable innocent persons to avoid going to jail pending consideration of their bail application.  Discuss.         10 Marks
3(c)  Explain the power of arrest, search and seizure conferred on certain officers of different departments under the NDPS Act.                             10 Marks
3(d)  Write short notes on the following:
i)    Offences triable by Special Courts under the Narcotic Drugs and Psychotropic Substances Act, 1985
ii)    Attachment of crops illegally cultivated under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985                         10 Marks
Q.4(a)  Arun, a food inspector demanded rupees 5,000/- per month from each of 10 shop owners who are running their business at Supreme Market, Ludhiana, with a threat for making false cases against them on non payment of the said amount and to cancel their licences.  All shop owners agreed for payment and paid to him for 3 months from January to March, 2011.
In the month of April 2011 two shop owners (Ravi and Rupesh) decided for non payment and made a complaint to concerned authorities.  The authorities provided them identified currency.  Just after receiving the amount, Arun was caught with the amount of rupees 5,000/- and his hands too turned pink on being dipped in sodium carbonate.
Based on the facts, answer the following questions:
(i)    Whether the amount of rupees 5,000/- is a gratification?
(ii)    Whether Arun has committed any offence?
(iii)    What will be the procedure required to be followed for trying Arun?
(iv)    Considering all circumstances pass the order.                 20 Marks
4(b)  What is the requirement of previous sanction for prosecution of a public servant under the Prevenction of Corruption Act?  Explain.                         10 Marks
4(c)  Do you agree that there is a distinction between admissibility and credibility of evidence?
Certain accused persons were brought before a Sub Divisional Magistrate for recording of confessions.  The Magistrate did not ascertain from any of the accused whether he was making the confession voluntarily; or whether there was any threat or inducement.  He did not ascertain how long they were in police custody before they were brought before him.  After the time for reflection was over and the accused were again brought before him, he proceeded to record their confessions without putting any further questions to them.  He did not make any memorandum that he was satisfied that the confessions were made voluntarily.  Are the confessions admissible in evidence?  Discuss.
10 Marks
Q.5(a)  What are the presumptions as to documents contained in Sections 79 to 90 of Evidence Act?  Bring out the difference between the expressions the court shall presume' and the 'court may presume'.
10 Marks
5(b)  What are the essentials of a dying declaration and the precautions to be taken by a Magistrate while recording the dying declration?                             10 Marks
5(c)  It is the quality of evidence that counts and not the quantity.  Which provision of law enacts this rule and what is its purpose and significance?  Explain with the help of relevant cases.
5(d)  Comment on the probative value of the following and whether conviction on the basis of any one of them can be sustained and if so, under what circumstance –                
(i)    Evidence of Prosecutrix
(ii)    Evidence of child witness                             10 Marks