Criminal Law

Haryana Civil Service (Judicial)
Examination 1998
Criminal Law Paper – III
Time – 3 Hours                                                                                                                                                                                                                             Max Marks. 200
Note  :  Answer any Eight questions only.
Q.  1  Compare the principles of joint liability for a criminal act committed by several persons not exceeding four with that for a criminal act committed by several persons not less than five bringing out clearly the points of distinction, if any.
Q.  2(a)  Discuss the law of exemption from criminal liability in the case of minors.
(b)  A, an illiterate boy servant of 8 years stole a new Parker Fountain Pen, worth Rs. 200/- from the Table of his employee and sold it to B, a student of law aged 21 years for Rs. 10/- only.  Both A and B are put on trial.  The former is charged with theft and the latter for receiving stolen property.  How would you, as a judge, decide the case  ?
Q.  3(a)  Describe in your own words the difference between Murder and Culpable Homicide not amounting to Murder.
(b)  A has an enlarged spleen.  B knows this and gives him a kick on the abdomen which ruptures the spleen.  A week later A dies in consequence of the injury received.  Discuss the guilty of B.
(c)  A intending to kill B, shoots at him but the shot misses him and accidentally shoots C whom he never intended to injure.  C dies on the spot.  Discuss the guilty of A.
Q.  4(a)  Point our distinction between 'Kidnapping' from lawful guardianship and 'Abduction'.
(b)  Distinguish between 'Rape' and 'Adultery'
(c)  M, an unmarried daughter of A, was born at midday on 20.8.1980.  She agrees to go with her paramour B without her parents's consent or knowledge between 20th August and 21st August 1998 at 3 a.m.  B has sexual intercourse with her after a fortnight with her consent.  What offences, if any, have M and B committed  ?  Discuss.
Q.  5(a)  discuss the powers of Magistrate to issue order in urgent case of nuisance or apprehended danger.  Refer to decided cases, if any, on the subject.
(b)  How would a Magistrate deal with a situation when he finds that a dispute concerning a piece of land betweer the two parties is likely to cause a breach of peace  ?
Q.  6(a)  What is a charge  ?  State its object and particulars to be stated therein.  State the law in regard to misjoinder of charges and state what is the effect of material error in charge.
(b)  A public servant was charged under section 409 I.P.C.  Facts constituting the charge also made out an offence under section 420 I.P.C., but he was not charged for this offence.  Support your answer by authorities, if any.
Q.  7(a)  How can a wife who has been abandoned by her husband compel him to maintain her  ?  How does the criminal court enforce its maintenance?
(b)  When is a wife not entitled to maintenance for her husband  /
(c)  How does Cr PC provide for maintenance of Children and aged Parents?
Q.  8(a)  Give a critical appraisal of the provisions relating to anticipatory bail in the Code of Criminal procedure, 1973.
(b)  Discuss the guiding principles for the grant of bail in bailable and nonbailable offence.
Q.  9(a)  Under what circumstances can evidence given in a former judicial proceeding be used to prove in a subsequent proceeding the truth of facts stated therein  ?  Discuss.
(b)  At an inquiry before a committing Magistrate, an approver was examined-in-chief.  The accused were not asked to cross-examine him.  The approver died before trial.  Is this evidence before the committing Magistrate admissible at the trial  ?  Give reasons for your answer.
(c)  Distinguish between on Admission and a Confession.
Q.  10  At the trial of A for the murder of her husband, B by administering arsenie to him, evidence is offered to show that  :
(a)  A is in habit of Poisoning People.
(b)  A had in similar circumstances administered arsenic of two of her children.
(c)  B had shortly before his death stated that he had been Poisoned by his wife, but hd not complained about it.
(d)  A and B used to have frequent quarrels.
(e)  B had, three days before his death, written a letter to a friend complaining of his failing health.
Discuss fully whether the evidence offered is admissible in any of these cases.
Q.  11(a)  A witness for the plaintiff was asked in cross-examination whether he had demanded a sum of Rs. 10,000/- for giving evidence on behalf of the defendant.  The witness denies the allegation.  Can evidence be produced to contradict the denial of the witness  ?  Give reasons.
(b)  A witness is asked whether he was dismissed from the service of the Corporation of Ambala for dishonesty.  He denied.  Evidence is offered to prove that he was dismissed for dishonesty.  Is it admissible  ?  Give reasons.
(c)  Can a party cross-examine his own witness; if so, under what circumstances  ?
Q.  12(a)  Indian Evidence Act, 1872, declares an accomplice to be a Competent witness and conviction is not illegal even if it is based on the uncorroborated testimony of an accomplice, while this Act also allows a court to presume an accomplice to be unworthy of credit unless he is corroborated in material particulars.  Do you see any contradiction in this Act in this regard.  Discuss and elaborate your views with reference of decide cases on the subject.
(b)  Differentiate between the evidence given by an accomplice and a co-accused and decide upon the evidentiary value of each of them.
(c)  A and B are being Jointly tried for the murder of C.  A makes a confession in which he says that he alogwith B went to the room in which C was sleeping, that A stood at the door as he felt nervous and B went inside and shot C dead.  How far can this confession be used against B?