Criminal Law

Criminal Law Paper
Time : 3 Hours                                                                                                                                                                                                                                                     Maximum Marks : 200

Note :  Attempt Five Questions, choosing Two Questions each from Section 'A' and 'B' and One Question from Section 'C'.
All questions carry equal marks.

Section 'A'

Q.1.  (a)  T, an unmarried woman became pregnant as a result of a rape.  She, along with her mother, went to the clinic of J, a homoeomedical practitioner and requested him for an abortion.  J agreed to abort her on payment of Rs. 2,000/-.  The amount was paid and an operation was performed.  But within an hour, the condition of T became very critical and she died.  Discuss what are the offenses under which J could be charged.
(b)  (i)  Explain the circumstances in which an arrest without a warrant can be made.  Can a magistrate issue a warrant for arrest in respect of a cognizable offence before taking cognizance of the offence  ?
(ii)  Examine the procedure for search under the Code of Criminal Procedure, 1973.  What, if any, is the effect of illegal search on the admissibility of evidence and the validity of trial ?
Q.2.  (a)  A was convicted for the various terms of imprisonment in three cases under sections 380, 395 and 457 of the Indian Penal Code, 1960.  Several similar cases were pending against him.  The Police published his photographs in public places, with a warning that he is a criminal who has to be taken care of.  A challenges the publication of his photographs on various grounds.  Discuss the legal issues involved in the case.
(b)  X was admitted to the hospital of Dr. A. After diagnosis, X was advised to undergo a surgery.  Dr. A performed the surgery.  A few hours after the surgery, X died.  The police requested the Court of Coroner to conduct a judicial inquiry in the case.  The Coroner, after preliminary proceedings, informed Dr. A that if he paid Rs. 50,000/- the case can be hushed up.  Dr. A lodged the complaint with the Director, Anti- Corruption Burean (ACB).  As instructed by the Director, ACB, a recording equipment was attached to the telephone at residence of Dr. A and all the conversations between the Coroner and Dr. A were recorded.  The Coroner asked Dr. A, over the phone, to go to a particular place with the money and pay the amount to a particular person.  Dr. A, however, did not go there and pay the money.  The police, after an investigation, filed a case under Section 161, 385 and 420 read with section 511 of the Indian Penal Code against the Coroner.
Examine whether the recorded communication is a relevant fact under Section 7 and admissible under Section 8 of Indian Evidence Act.
Q.3.  (a)  (i)  State the circumstances in which it is advisable and those in which it is inevitable to issue a commission for examination of a witness.
(ii)  Explain the circumstances in which evidence may be recorded in the absence of the accused person.  What is the value and use of such evidence in the subsequent trial of the accused person.
(b)    There was a criminal conspiracy to smuggle gold into India from the Middle East.  Gold was brought in steam launch and transshipped into India in boats standing out at sea, which would then shore it to be taken away in cars by persons waiting for it.  While the last consignment was still with the smuggiers a raid took place, and many of them including X and Y were arrested.  Thereafter, the Customs Authorities served notice and recorded their statements in answer to these notices almost simultaneously.  The statements of the accused persons corroborated with each other at numerous points.  Answer the following questions:
(i)  Is Section 30 of the Indian Evidence Act, 1872 applicable to the statement made in answer to the notice  ?
(ii)  What is the effect of the death of Y on the joint trial before pronouncement of judgment  ?
(iii)  What is the impact of a confession made by a co-accused on Sections 30 and 133 of the Evidence Act ?
Q.4.  (a)  V, a 14 year old boy and his mother went to the river to bathe.  R had placed a live wire under water with a view to catch fish.  V was electrocuted and died in the hospital.  Is R guilty of any offence ? If so, why ?

(b)  Explain the meaning and purpose of 'Investigation' with reference to relevant provisions of the code of Criminal Procedure.  Distinguish between 'Investigation',  'Inquiry and Trial', giving two illustrations of each of these three proceedings.

Section 'B'

Q.5.  (a)  M was working as a bus driver.  During communal riots, he stopped the bus near a mob of persons armed with weapons to facilitate their attacking the passengers.  In spite of a request by the passengers to start off the bus, he stopped the bus till the mob could approach them.  M got down from the bus, went to the mob and was seen having discussion with some persons in the mob.  Can M be convicted under Section 120B of the Indian penal Code ?
(b)  What are the essential conditions for a valid Dying Declaration ?  Give some illustrations of Dying Declarations which are not admissible in evidence.
Q.6.  (a)  A committed the murder of his son S, by his first marriage, as S used to quarrel with A's second wife W.  A dug up a big hole in the floor of the house and buried the dead body.  W helped him in digging up the hole.  After that, W burnt the blood stained clothes of A.  When the police wanted to search the house, she refused to give them entry.  She did not answer truthfully the questions put to her by the police.  W is charged under Section 201 and 212 of the Indian Penal Code.
(i)    Could W be convicted under Section 201 ?
(ii)    Is she covered under the exception in Section 212 ?
(iii)    If W was not lawfully married to A, will she be given the benefit of the exception ?
(b)   A magistrate, after considering reports of two enquiries under section 190 Criminal Procedure Code, orders another inquiry under section 202.  After considering all those reports, he takes cognizance of offence.  Examine the legality of the Magistrate's action, referring to case law.
Q.7.  (a)  M had caused injuries to the vogina of a seven and a half months old child by fingering.  H was charged under section 323 and 354 of the Indian Penal Code.
(i)    Is M guilty under Section 323 ?
(ii)    Does a female child of 7-1/2 months possess womanly modesty  ?
(iii)    What is the difference between the offenses under Sections 354 and Section 509 of the Indian Penal Code.
(b)   Explain, with illustrations, the conditions in which a confession is not admissible under Section 24 of the Indian Evidence Act.
Q.8.  (a)(i)  Discuss the circumstances in which the bail granted in the case of a bailable offence can be cancelled.  By which court can the bail in such a case be cancelled ?
(ii)  Examine the circumstances in which an accused can be granted bail by a police officer.  Can such an accused remain on bail when the trial is on ?
(b)   State the essential conditions for the admissibility of evidence of character in civil cases.

Section 'C'

Q.9.  (a)  B, a young man who claimed to possess occult powers, represented to C that he would heal C's daughter, a 15 years old girl who was congenitally deaf and dumb, by his divine healing powers of touch.  B demanded Rs. 1,00,000/- as consideration to be paid in ten equal installments.  The amount was paid in 10 installments, as demanded, Even after the promised time limit, there was no change in the condition of C's daughter.
(i)    Is B guilty of any offence under the Indian Penal Code ?
(ii)    If b claimed that he was only a middleman and by propitiating God by offering various poojas he could heal people B makes this claim in the earnest belief that the poojas would produce the desire result.  He obtained money from C for conducting poojas.  If C's daughter is not healed even after the poojas, is B guilty of any offence ?
(iii)    If B does not offers poojas as promised, is he guilty of an offence?
(iv)    B organizes noisy bhajans and C's daughter, in a hysterical stage, utters the name of a deity once and never speaks a word thereafter.  In such a situation can B be held guilty of any offence  ?
(b)   Marriage between J and K took place in July 1999.  After frequent quarrels, they started living separately from July, 2000.  FIR was registered at the instance of K (wife) under Sections 498A, 323 and 406 the Indian Penal Code against J (husband), his father, mother and younger brother.  K has filed affidavit reciting that FIR was got registered by her.  J files a petition in the High Court for quashing of FIR under Section 482 of the Criminal Procedure Code.  K supports the prayer stating that her dispute with J has been fully settled and they have agreed for a divorce.  The State opposes on the ground that the offences under Sections 498A and 406 of the Indian Penal Code are not compoundable and the relevant powers under Section 482 of the Criminal Procedure code cannot be invoked to bypass the mandatory provisions of section 320 of the Criminal Code.  Decide, with appropriate reference to statutory provisions and relevant case law.