Criminal Law

Haryana Civil Service  (Judicial)
Examination  1996
Criminal Law Paper – III
Time  :  3  Hours                                                                                                                                                                                                                     Max.  Marks  :  200
Note  :  Attempt any eight questions.
Q.  1  What is meant by Mens Rea  ?  Explain the dictum  "ACTUS NON FACIT REUM NISI MENS SIT REA".  How far a motive necessary for determining a crime ?  Are there any exceptions to the dictim of Mens Rea  ?  IIIustrate your answer.
Q.  2(a)  Define and distinguish between Theft, extortion, robbery and Dacoity.  IIIustrate your answer.
(b)  Discuss the essentials of wrongful confinemtn and distinguish it with wrongful restraint.
(c)  A causes cattle to enter upon field belonging to B intending to cause and knowing that he is likely to cause damage to the crop of B.  What offence has been committed by A?
Q.  3(a)  What is culpable homicide  ?  When does it amount to murder and when it does not amount to murder  ?
(b)  A was driving a bus on a kacha road at high speed.  There were iron sheets placed on the top of the bus.  On way some of the iron sheets fell down on the head of B and also injured some other persons walking on the road.  B was carried to the hospital by A.  B died after a month.  Has A committed any offence ? if so what ?
(c)  A with the intention of causing the death of an illegal child of tender age, exposes it in a desert place.  There after a passer-by saves the child from dying.  What offences has been committed by A?
Q.  4(a)  Distinguish between the criminal liability arising out of the following acts  :
(i)  an act done in furtherance of the common object of all;
(ii)  an act which is criminal by reason of its being done with a criminal knowledge, is done by several persons who join the act with such knowledge.
(iii)  an act done by any member of an unlawful assembly in prosecution of its common object.
(b)  A asked to help him in committing murder of C.  B agrees but nothing is subsequently done in pursuance of such an agreement.  Can A and B be charged with the offence of conspiracy  ?
(c)  A a girl below 18 years of age was in the keeping of her mother.  Her father B lived separately.  B by deceitful means took A and kept her with him.  Is B guilty of kidnapping  ?
Q.  5  (a)  What is meant by anticipatory bail  ?  Under what provision of law it may be claimed ?  By which courts it may be gratned  ?  Can you cite some Supreme Court judgment on the matter  ?
(b)  In similar cases one court grants the bail while another court refuses the bail.  Why it is so  /  What are the principles governing the grant of bail in bail-able and non-bailable offence  ?  Support your answer by some decision.
(c)  Point out the limitations in the entertainment of a second bail application.
Q.  6(a)  In a complaint case, the complainant on a date fixed is absent.  Counsel for the accused urged that the complaint be dismissed and the 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.
(b)  An accused was acquitted due to lack of evidence.  He was again prosecuted for the same offence, additional evidence was supplied and he was convicted by the magistrate.  Examine the legality of the order.
(c)  The chief judicial magistrate of Amritsar granted anticipatory bail to an M.L.A. as he was apprehending arrest in a murder case and issued necessary directions.  Examine the validity of the order.
Q.  7(a)  Whether appeal is a right under the natural law or a creation of statute  ?
(b)  Discuss those cases where no appeal is provided under the Criminal procedure Code?
(c)  A pleads guilty and is convicted by the High Court.  Will an appeal lie?
(d)  Whether an appeal lies against acquittal  ?  If so, in what court?
Q.  8  (a)  Suppose you are a Public Prosecutor in a sessions court.  A murder case has been entrusted to you.  What steps will you take during the course of the trial till its conclusion  ?  What steps shall the court take  ?  State in detail.
(b)  Can a court of Additional sessions judge take direct cognizance of an offence  ?  If so, under what provision of law  ?
(c)  A case was committed to sessions judge for trial of murder.  Police had recovered a lathi from the accused.  Witness M had stated before the investigating officer that he saw accused running towards the deceased.  The sessions judge discharged the accused.  Discuss the validity of the judgment.
Q.  9  (a)  In a criminal trial the burden of proof is always on the prosecution.  Has this rule any exception  ?
(b)  Hearsay evidence is not admissible.  Are there any exception to this rule ?  If so, what  ?
(c)  How the credit of a witness can be impeached  ?
Q.  10  According to section 114(b) of the Indian Evidence Act, the court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars.
According to section 133 of the same Act, an accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
Reconcile the above statements of law and quote cases.
Q.  11  Whether an admission can be used by the maker of the admission in his own favour  ?  If so, in what circumstances  ?  Explain and illustrate.
(b)  A lodged First Information Report alleging that in the morning.  he has hacked his aunt to death with an axe and the dead body was lying at his house.  The dead body and blood stained axe were recovered therefrom by the police.  A is prosecuted for murder.  There is no eye witness or any other evidence against him.  Prosecution seeks A's conviction for murder on the basis of his version contained in the First Information Report.  Examining the validity of this contention and the admissibility of the First Information Report as substantive piece of evidence, Decide.
Q.  12(a)  A was severely beaten.  His dying declaration was recorded by a Magistrate, in which he implicated X and Y.  A survived due to medical treatment.  X and Y are prosecuted for attempt to commit murder of A.  During the trial the aforesaid dying declaration was sought to be given in evidence by the prosecution in support of its case.  The defence opposes on the ground that the declarant was not dead and the alleged dying declaration did not point towards any cause for assault of the declarant therefore it was irrelevant.  Decide.
(b)  A is prosecuted for murder of B.  C says that B immediately before death declared that A had inflicted the wounds, of which he died.
One behalf of defence, evidence is offered to show that on a previous occasion C said that the wound was not given by A or in his presence.  Discuss whether the proposed evidence is admissible.