Civil Law

MAIN WRITTEN EXAMINATION PUNJAB CIVIL SERVICE (J.B.) – 2010

CRIMINAL LAW
Time Three Hours                                                                                                                                                   Maximum Marks:  200
Notes:-
(i)    Candidates are required to attempt all questions in the same seriatum as they appear
(ii)    All questions carry equal marks.  details are indicated against each question.
(iii)    Support your answers with relevant provisions and case law.
(iv)    No extra Answer Sheet will be provided.
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Q.1:    (a)  How far is a plea of compulsion in the following cases available as a defence against a charge of criminal offence?
(i)  'A' joined in arms, a party of rebels, against the State for fear that his house would be burnt and goods spoiled.
(ii)  'A' pays a bribe to a public officer under influence of threats held out by the officer of raising an assessment.                                     (10)
(b)  'A', 'B' and 'C', who were armed, were escorting some ladies out of a village at their request.  'X', 'Y' and 'Z' attempted to kidnap the ladies.  While doing so, 'X' leveled a loaded gun against 'A' but was stabbed to death by 'B'.  Has 'B' committed any offence?  Give reasons.                                                                                                                                                                                                                   (10)
(c)  The principle of joint action enunciated, in Section 34 of IPC is very different from the principle of abetment of an offence.  Discuss.                                                                                                                                                                                                                       (10)
(d)  'A' entered a closed dense forest area with unlicensed gun for Shikar (gaming) and after going quite deep into it, fired a gun shot, on hearing noise and sensing a movement as if some animal was behind the bushes.  However, a man 'X' who was collecting firewood got hit and was killed.  On murder charge against 'A', he takes up the plea of accident as a defence.  Decide.                                                                (10)

Q.2:      (a)  Distinguish between-(i)  cheating and extortion;  (ii)  cheating and theft; (iii)  cheating and misappropriation;                                                                                                                                                                                                                                              (10)
(b)  What is an inchoate offence?  How does preparation differ from an attempt to commit a crime and when is preparation punishable as such under the Indian Penal Code?       
A buys a revolver and cartridges to shoot 'B'.  There is ample evidence of his purpose but he does nothing further.  Is 'A' guilty?  Give reasons.                                                                                                                                                                                                    (10)
(c)  'A' an illiterate boy, servant of 8 years stole a new 'Parker' fountain pen worth Rs.200/- from the table of his employer and sold it to 'B', a student aged 21 years for Rs.10/- only.  Both 'A' and 'B' are put on trial.  The former is charged with theft and latter for receiving the stolen property.   How would you decide.                                                                                                                                                           (10)
(d)  'A', a retired Military Jamadar went to attend a marriage.  When the marriage party went to bride's house for midday meal, some had settled down in their seats while some had not.  'A', who was drunk and intoxicated asked a young boy to step aside a little so that he may occupy a seat but the boy did not move.  'A' whipped out a pistol and shot the boy in abdomen.  The injury proved fatal.  What offence has 'A' committed?

(10)
Q.-3:    (a)  Briefly delineate the new offences and the aggravated forms of the already existing offences, introduced into the Indian Penal Code by the First and Second Criminal Law (Amendment) Acts, 1983, for protecting women against (i) sexual outrages and misdeed, and (ii) cruelty to extract dowry.                                         (10)
(b)  'A', 'B' and 'C' agree to kill 'X'.   With the money given by 'A', 'B' and 'C' purchase two revolvers, go to the residence of 'X', and both shoot at him.  'X' dies.  It is not known whose shot actually killed 'X'.  For what offences may 'A', 'B' and 'C' be charged?                         (10)
(c)  (i)  Describe the various rights of an arrested person under the Cr. P.C. Can a Magistrate refuse the request of an arrested person for medical examination of his body?  If so, under what circumstances?
(ii)  What protection has been afforded to members of the armed forces from arrest?
(10)   
(d)  In a complaint case the complainant, on a date fixed, is absent.  Counsel for the accused urged that the complaint be dismissed and accused acquitted.  Counsel for the complainant contends,however,that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed, had not been issued by the office of the Court despite deposit of process fee by the complainant and therefore the case be adjourned to some other date.  Decide.

(10)
Q.-4:    (a)  Can there be a joinder of charge in a trial under following circumstances:-
(i)  'A' commits theft on four occasions in 1986 of which two are punishable under Section 379 IPC and the other two under Section 380 IPC.
(ii)  'A' attempts to rescue 'B' from the custody of police and while making such attempts causes grievous hurt to a constable 'C' and simple hurt to constable'D'.                                                                                                                                                                               (10)
(b)  Discuss and explain the maxim "it is an established rule of criminal law that a man may not be put twice in peril for the same offence."  Point out the exceptions, if any.                                                                                                                                                             (10)
(c)  What are the powers of the Court to call or re-call a witness whether examined or not examined earlier?
Would the Court have power to direct a person accused of an offence to give specimen signatures or handwriting?
Explain with the support of provisions and case law.                                                                                                                            (10)
(d)  Is there any bar to take cognizance of an offence in a criminal case?  If so, how would the period of limitation commence?  Explain with support of provisions and case law.

Q.-5:    (a)  Write short notes on the following:-
(i)  child witness     (ii)  hostile witness                                                                                                                                               (10)
(b)  'A' appeared as a witness for the prosecution.  During cross-examination it was suggested that he had earlier admittled before the accused that he had not seen the occurrence and that he was pressurized by police to appear as witness.  On his denial he was confronted with tape recorded conversation.  'A' denied that it was his voice.  Thereafter the accused moved an application before the Court that witness should be called upon to get his voice recorded so that comparison could be done between his voice sample and his tape recorded voice.
Can the witness be issued any such directions, if so, under what provisions of the Indian Evidence Act.
(c)  Is an accomplice competent witness and worthy of credit without corroboration?
(10)   
(b)  (i)  Police Constable made attempts to procure the services of a Magistrate for recording Dying Declaration of deceased suffering from 90%  burns but the magistrate was not available and the Constable himself recorded the dying declaration.  Is it admissible in evidence?     (5)
(ii)  When can a confession alleged to have been made by an accused who is jointly tried with another accused be taken into consideration by the Court as against the other accused?  Explain.
(5)