Criminal Law

MAIN WRITTEN EXAMINATION HARYANA CIVIL SERVICE (J.B.) – 2010

CRIMINAL  LAW
Time Three Hours                                                                                                                                             Maximum Marks:  200

Notes:-
(i)    Candidates are required to attempt all questions in the same seriatum as they appear
(ii)    All questions carry equal marks.  details are indicated against each question.
(iii)    Support your answers with relevant provisions and case law.
(iv)    No extra Answer Sheet will be provided.

Q.-1:    (a)  Examine as to whether a person who causes the death of a pregnant woman is guilty of committing one homicide or two.                         (10)           
(b)  "Whereas in criminal conspiracy an agreement between two or more persons is needed, in abetment by conspiracy an engagement between them is enough."         (10)
(c)  In order to pick the pocket of 'B', 'A' inserted his hand into the pocket of 'B', which touched the trigger of the loaded pistol kept in 'B's pocket.  The pistl went off, killing B.  Discuss criminal liability of 'A'.                                         (10)
(d)  'A', a police officer, made a false entry in the special diary relating to a case which was being investigated by him,  but the document in which the alleged false entry was made was nto the one which was admissible in evidence.  Can he, in the dircumstances, be convicted for fabricating false evidence?                                     (10)

Q.-2:    (a)"In all robbery, there is either theft or extortion".  Explain.         (10)
(b)  What offences have been committed in the following cases and by whom?
(i)  'A', with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as 'A'.  The act is not committed.                     (5)
(ii)  'A' knows 'Z' to be behind a bush.  'B' does not know it.  'A' intending to cause or knowing it to be likely to cause 'Z's death induces 'B' to fire at the bush.  'B' fires and kills 'Z'.   (5)
(iii)  'A' instigates 'B' to set fire to a dwelling house.  'B', in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of 'A's instigation.             (5)
(iv)  'A', intending to cause a theft to be committed, instigates 'B' to believe that the property belongs to 'A'.  'B' takes the property out of 'Z's possession in good faith.  believing it to be 'A' s property.                                     (5)
(v)  'A' offers a bribe to 'B', a public servant, as a reward for showing 'A' some favour in the exercise of 'B's official function.  'B' accepts the bribe.                 (5)
(vi)  'A' instigates 'B' to give false evidence.  'B', in consequence of the instigation, gives false evidence.                                     (5)

Q.-3:    (a)  The Right to Private Defence is said to be a limited right.  Explain the limitations of the Right to private defence.
'A' was under attack from 'B'.  'A' had ample opportunity to save himself by fleeing away but instead 'A' defended himself and thereby caused harm to 'B'.  Is it a valid exercise of the right of private defence?                                     (10)
(b)  Is homo-sexual relation between two consenting adults is an offence?  Discuss.
(10)
(c)  Explain the distinction between Acquittal and discharge.         (10)
(d)  Explain with illustration the followings:                 (10)
(i)  When can the Court alter or amend charge?  What is the consequence of a defect in the framing of charge?
(ii)  What charge is to be framed if it is doubtful as to what offence has been made out?

Q.-4:    (a)  In what circumstances a person can be arrested without warrant? What measures and precautions are required to be taken while arresting a person, as directed by the supreme court?
(10)           
(b)  Can a person on being examined by a police officer investigating a case, refuse to answer a question relating to such case asked to him by such police officer?         (10)
(c)  Determine the place of trial in the following cases:-             (10)
(i)  Where an offence is continuing one and continues to be committed in more local areas than one.
(ii)  'A' boarded the train at Patna.  Scuffle between 'A' and 'B' ensued in the compartment somewhere between Lucknow and Moradabad, where 'B' got down.  On reaching Delhi, 'A' broke his journey and lodged F.I.R. against 'B'.
(d)  Can a bail granted under Section 167(2) of Cr. P.C. be cancelled by the Magistrate suo motu on presentation on challan report under Section 173, Cr.P.C. against the accused?   (10)

Q.-5:    (a)  What are the essential conditions of a valid dying declaration.  When a dying declaration is considered as not admissible.  Give illustration.                     (10)
(b)  What is expert opinion?  Explain the evidentiary value of expert opinion.   (10)
(c)  A witness is asked in cross-examination whether he was dismissed from service for dishonesty.  He denies.  Evidence is offered to show that he was dismissed for dishonesty.  Is the evidence admissible?                                 (10)
(d)  Can the following statements be used for corroborating a witness:
(i)  A statement in F.I.R. lodged by the witness about the commission of an offence, based on personal observation.
(ii)  A former statement of the witness before a Magistrate made during police investigation.
(iii)  a statement recorded as dying declaration in a case where the deponent survives and is called as witness in Court.
(iv)  A previous statement of an accomplice before a Magistrate after he has been granted pardon.