Criminal Law

Haryana Civil Service  (Judicial)
Examination  2003
Criminal Law Paper  -  III
Time  :  3  Hours                                                                                                                                                                        Maximum Marks  :  200
Note  :  All questions care compulsory.  Answer all of them.
Q.  1.(a)  What do you mean by Harbour  ?  In what cases is harbouring made an offence under the Indian Penal Code  ?
(b)  A having shot at a rabbit near P's land, followed it to P's land, with the intention of taking away the killed rabbit.  A was asked not to enter P's premises.  A entered P's premises to take the rabbit and did take it away.  He did nothing else on P's land.  P then charged A with criminal trespass.  Has A committed the offence of 'Criminal trespass' by entering P's premises  ?
Q.  2.(a)  What are the different cases under the Indian Penal Code in which a person may be held constructively liable for an offence, which he actually did not commit  ?  Explain giving illustrations.
(b)  A was a minister and while he was sitting on the treasury benches, B a member of the Assembly called him a 'thief' and accused him of taking bribe in a case.  B further repeated his allegations outside the Assembly Chamber.  A lodged a complaint for defamation against b for both the incidents.  Point out what defences, if any, are open to B.
Q.  3.(a)  what is Force  ?  Distinguish between Criminal Force and Assault.
(b)  A and B exchange secret letters as to how best they can kidnap a minor girl and later give up the idea as impossible.  Have they committed an offence ? If either of them wrote a note to the girl persuading her to meet them at a specified place, what offences, if any, will both or either of them have committed  ?
Q.  4(a)  Every homicide is not murder.  How does the Indian Penal Code give effect to this statement in its treatment of offences affecting human body  ?
(b)  A produces ornaments worn by a murdered woman five days after the murder and gives no explanation as to how he came into possession of the same.  State giving reasons, what offence, if any, is committed by A.
Q.  5.(a)  Hearsay evidence is not admissible.  Has this rule any exceptions?
(b)  What is the relevance and credibility of an evidence of an accomplice  ?  Whether its corroboration is necessary  ?
Q.  6.(a)  "It is settled law that it is not safe to convict an accused person on the evidence furnished by a dying declaration without further corroboration."
Critically examine the above statement.  Whether statements made by signs is equally admissible  ?
(b)  In a criminal trial the burden of proof is always on the prosecution.  Has this rule any exceptions  ?
Q.  7.(a)  For every distinct offence of which any person is accused, there shall be separate charge and every such charge shall be tried separately.  Explain it by giving suitable illustrations.
(b)  State the importance of F.I.R.
Q.  8.(a)  Under what circumstances has the wife got a right to get maintenance from right her husband  ?  Can this right be exercised by parents orillegitimate children also  ?
(b)  Discuss in brief the provisions of the Cr. P.C. relating to Sessiosn trial.