Criminal Law

Haryana Civil Service  (Judicial)
Examination  2000
Criminal Law paper  -  III
Time  :  3 Hours                                                                                                                                                                                   Max. Marks  200
Note  :  Answer any Eight questions.
Q.  1(a)  Explain and illustrate the difference between preparation to commit an offence and attempt to commit an offence.
(b)  State if any offence has been committed in the following cases  :
(i)  A intending to murder B buys a gun and loads it.
(ii)  A intending to murder B fires a gun at B.
(iii)  A intending to murder B by poison purchases poison and mixes the same with food, which remains in A's possession.
(iv)   A serves the poisoned food to B with the knowledge of its being poisoned.
(v)   A woman, with intention of committing suicide runs towards a well, but there she was caught by a person.
Q.  2(a)  Discuss fully the essential elements of criminal misappropriation of property and distinguish between criminal misappropriation of property and criminal breach of trust.
(b)  From the body of a dead man found floating in a river A, the policeman on duty recovered an identity card of the deceased, a costly wrist watch and a gold ring.  He did not record in the recovery memo the last two items and pocketed them.  What offence if any were committed by A?  Answer with reasons.
Q.  3  Define and distinguished between the following  :
(i)  Kidnapping and abduction
(ii)  Wrongful restraint and wrongful confinement
(iii)  Hurt and grievous hurt
(iv) Theft and Extortion
Q.  4(a)  An injury was caused to a person with his consent.  Under what circumstances such consent might not be a legal defence to the person inflicting injury  ?
(b)  What are the ingredients of the offence of Rape  ?  Explain with illustrations.
Q.  5(a)  What is the mode of delivery of a Judgment  ?  Can a Court alter a judgment after it has been delivered  ?
(b)  Accused A fails to appear on the date of judgment.  Should the Court deliver judgment  :
(i)  If A is to be sentenced to imprisonment  ?
(ii)  If A had been granted exemption from personal attendance during trial  ?
Q.  6(a)  "For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately".  Comment.  Also state the exceptions to the above rule if any.
(b)  What is the effect of errors in charge  ?
Q.  7(a)  Analyse the provisions about the grant of anticipatory bail.  Can anticipatory bail be allowed in a murder case  ?  if so, when  ?
(b)  What is the difference between ordinary bail and anticipatory bail?
Q.  8(a)  What do your understand by summary trial ? Describe the procedure for summary trial.
(b)  Explain the jurisdiction and powers of the Court of Sessions and of the High Court in revision proceedings.
Q.  9(a)  What is estoppels  ?  State different kinds of estoppel.
(b)  a intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it.  The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.  Decide.
Q.  10(a)  "Hearsay evidence is not admissible".  Explain.  What are the exceptions to this general rule  ?
(b)  Can a dumb person be a competent witness  ?
Q.  11(a)  When is a confession said to be caused by inducement, threat or promise  ?  Why is it not admissible  ?
(b)  Whether the FIR given to the incharge of the Police Station by the accused himself for the commission of a cognizable offence can be an admissible evidence against himself  ?
Q.  12(a)  What do you understand by Burden of proof?  On whom does it lie and how does it shift  ?
(b)  A has not been heard of for more than seven years.  On whom burden of proof lies that A is alive?