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HARYANA (ADJ) Paper-II 2011
HARYANA SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011
LAW PAPER-II
Time Allowed:3 Hours Max. Marks- 200
Note: (i) Answer all questions.
(ii) All question carry equal marks. However, the marks carried by each part in a question have been indicated against that part.
1. (a) In pursuit of earning quick money, A and B agreed to 'kidnap children from reputed public schools, whose parents are capable ofpaying ransom. A wrote a letter to B asking him to be present on 1.1.2011 at 12.30 P.M. at the gates of a public school in Chandigarh. A waited for B at the agreed spot and during this period gave a message through his mobile phone to B, asking him to get some Chloroform to facilitate the execution of work (kidnapping). Police working on a tip arrested B before he could meet A. B in police custody agreed to have chalked out a plan for the purposes of kidnapping.
In the charge for conspiracy to kidnap, prosecution produces following evidence:-
(i) Letter written by A to B
(ii) Mobile phone message of A to B
(iii) Statement of B, after arrest.
Give your opinion about relevancy and admissibility of above evidence with relevant provisions of law and decided cases. (20 Marks)
(b) X and Y were childhood friends in the village. Both of them grew together and there was an understanding between them that they will eventually marry each other after X takes up a job in the city. X got a job and was to leave for the city. Before leaving for city, he made a promise to Y that he will be marrying her after he returns from city with sufficient money for marriage. On the basis of said promise, he had a sexual intercourse with Y with her consent, before leaving for the city. In the city X was attracted to another girl Z in his office and started evading Y. shocked by the conduct of X, Y filed a criminal complaint against X for prosecuting him for the offence of Rape. X pleads that such sexual intercourse was with the consent of Y, therefore, he has committed no offence. Decide with the help of legal provisions and judicial decisions. (20 Marks)
2. (a) Explain with the help of case law:-
(i) Facts of issue
(ii) Expert evidence
(iii) Hostile witness
(iv) Testimony of accomplice (20 Marks)
(b) "The retracted extra judicial confession though a piece of evidence on which reliance can be placed but same is to be corroborated with independent evidence." Explain the above statement with the help of case law. (10 Marks)
(c) It cannot be laid down as an absolute rule of law that dying declaration cannot form the sole basis of conviction unless it is corroborated. Discuss in the light of decided cases. (10 Marks)
3. (a) What is law of plea bargaining and its applicability and relevancy in India? (15 Marks)
(b) Mr. K, an undertrial, is rescued from Central Prison by X. In doing so X caused grievous hurt to Y, a warden of prison. X is tried and convicted for unlawfully rescuing an undertrial from legal custody. Subsequently X is tried for causing grievous hurt to prison warden Y.
X pleads that his subsequent trial is against his procedural and constitutional rights. In your opinion, is the trial (subsequent) permissible in this case. Give reasons if the answer is affirmative or negative. (15 Marks)
(c) Discuss the impact of insertion of Section 437-A (in 2009) on the process of Bail in non-bailable offences? (10 Marks)
4. (a) B, the wife of A, a public servant, receives a diamond necklace from X, for soliciting A to provide some Govt. land at a cheqper rate (than the rate fixed) for establishing a hotel near airport. A agrees and allots the said land to X.
Fix the liability of A in this case, under provisions of the Prevention of Corruption Act, 1988. Also state the liability of B, if any. Give reasons for your answer. (15 Marks)
(b) Explain with help of case law "Forfeiture of illegally acquired property" under NDPS Act 1985. (15 Marks)
(c) A, a higher caste girl and B, a Scheduled Castes boy were class fellows. They fell in love with each other and ultimately married in 2001. They were living in a village where B had some agricultural property in addition to his job as a teacher in Government School. In the absence of B, A used to take care of agricultural land. One day she had some altercation with X, an adjacent landowner, who abused her with derogatory words relating to caste in which she has married. On the complaint of A, can X be prosecuted for the offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Justify your answer. (10 Marks)
5. (a) Sections 304-B and 498-A of the Indian Penal Code, are not mutually exclusive (Elaborate your answer with decided cases). (15 Marks)
(b) X, a former Minister, alleges that he has been falsely implicated in a corruption case at the behest of his political rivals. Apprehending his arrest, he moves an application to the Sessions Judge, for grant of anticipatory bail. What guidelines should be kept in mind while considering X's application? (15 Marks)
(c) In a case of attempt rape on M – a maid servant, by X, the evidence is produced that shortly after the commission of act, M made a complaint to W (wife of X) stating the name of the offender. Is the evidence relevant and admissible. Elaborate. (10 Marks)