Criminal Law

Himachal Civil Services Judicial
Examination, 1998
Criminal Law Paper III
Time : Three Hours                                                                                                                                                                                                                                                   Maximum Marks : 200

Note :  Question No. 1 is compulsory.  Answer any other four questions from the rest, selecting at least one question from each Part.  Candidates are required to give reasons in their answers and discuss case law and legal provisions at appropriate places.  Marks are shown against each question.
Q.  1(a)  Discuss the criminal liability of A in the following :
(i)  A instigates B to murder D.  B in pursuance of instigation stabs D.  D recovers from the wound.
(ii)  A for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house.
(iii)  A signs his own name to a bill of exchange intending that it may be believed that the bill was drawn by another person of same name.
(b)  Examine the legality of the following proceedings :
(i)  Immediately after arrest, A is admitted in a hospital on account of his illness.  He is discharged from the hospital after twenty days.  On demand by the police, the Judicial Magistrate orders for remand of A for a period of ten days exercising power under Section 167 of the Code of Criminal procedure, 1973.
(ii)  A is tried by the court under the procedure laid down in the Code of Criminal procedure, 1973 for an offence under the Terrorist and Disruptive Activities Act, 1987.  He is convicted inspite of the fact that there was irregularity in obtaining sanction for prosecution.
(iii)  In a summary trial, after examination of the accused and recording statements of witnesses, the Magistrate trying the case is transferred.  The new Magistrate proceeds further on the basis of the evidence recorded by his predecessor and convicts the accused on the basis thereof.
(c)   Determine the relevancy of evidence in following :-
(i)  A is tried for murder of B by intentionally shooting him dead.  Evidence is produced that A was in habit of shooting at people with intent to murder them.
(ii)  A is accused of buring down his own house in order to obtain money for which it was insured.  Evidence is given that A lived in several house successively each of which was insured, in each of which a fire occurred and after each such fire A received payment of insurance money from different insurance companies.
PART – A
Q.  2(i)  Write a short essay on impossible attempts in criminal law.
(ii)  Discuss the criminal liability of A in the following  :
(a)     A is attacked by a mob who attempt to murder him.  He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children and who are mingled with the mob.  A fires and a child is killed.
(b)    A was the paramour of a married woman who had left her husband and was living with A.  One day the husband came and used force against her with a view of compel her to leave her paramour's house and come with him.  A intervened and used reasonable force against the husband as a result of which the husband died.
(c)    A was a frequent visitor to the house of the prosecutrix.  They felt attracted towards each other.  A gave the impression that he would soon marry the prosecutrix.  Sexual relations developed between them.  When the prosecutrix became pregnant she insisted that A should marry her immediately whereas A advised abortion.  A is charged with rape.
Q.  3(i)  "Nothing is an offence which is done by a person who is compelled by another to do it".  Examine.
(ii)  Discuss the criminal liability of A in the following  :
(a)     A makes a false entry in his shop-book for the prupose of using it as corroborative evidence in a court of justice.
(b)     A gave one knife blow on the chest of his wife when she refused to have sexual intercourse with him on that night.  The wife dies as a result.
(c)    A, a taken, administers to a patient a penicillin injection immediately after which the patient perspires, vomits and dies.
Q.  4  (i)  Examine the concepts of "dowry death" under the Indian Penal code.
(ii)  Discuss the criminal liability of A in the following  :
(a)    A takes away a minor girl of easy virtue, who was used to sexual intercourse, without the consent of her lawful guardian.
(b)    A takes away B's scooter without informing him with a view to follow a criminal who had just run away after committing a crime.
(c)    Where the complainant who was not entitled to a piece of land cultivated and A drove his cattle into it and destroyed the crop.
PART – B
Q.  5  (i0  Explain the circumstances whereunder the police and a Magistrate can arrest a person without warrant.
(ii)  A wife, who is unable a maintain herself, files an application claiming maintenance against her husband under Section 125, Code of Criminal Procedure, 1973.  She also requests the court to order for interim maintenance pending final disposal of the matter.  The husband objects to the demand of interim maintenance on the ground that there is no such provision in said section.  Decide.  (1998 H.P.)
(iii)  H, a Head Constable, is offered bribe by X.  H arrests X lodges FIR and investigates the matter.  The prosecution is challenged on the ground that the matter was investigated by the informant himself.  Decide.
(iv)  A confessional statement is recorded by an Executive magistrate in the open court during court hours.  During prosecution the accused challenges the validity of the said confession on the ground that he was not examined by the Magistrate recording his confession.  Decide.
Q.  6  (i)  Describe the law to be applied when two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to try that offence.
(ii)  A is charged under Section 242 of the Indian Penal code with having been "in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit".  He challenges his conviction on the ground that there was error in the charge because the word "fraudulently" was omitted.  Decide.
(iii)  A is charged with and tried for robbery.  He questions the validity of prosecution on the ground that he has already been convicted by a Magistrate of second class under Section 380, Indian penal code for theft in a dwelling house.  Decide.
(iv)  A, who was convicted by the trial court and punished with imprisonment for two years, files an appeal against the said conviction, but dies during the pendency of the appeal.  His son B submits an application and requests that appeal be finally decided.  Decide.
Q.  7  (i)  Explain briefly the grounds on the basis of which a search warrant may be issued.
(ii)  A is arrested on the charge of committing an offence.  The arresting officer reasonably believing that his medical examination would afford evidence as to commission of offence takes him to a Registered Medical Practitioner.  A resists examination on the ground of his right under Articles 20(3) of constitution of India.  Decide.
(iii)  A commits an offence within the territory of India and absconds to Hong Kong.  Decide as to whether the magistrate within whose local jurisdiction the offence was committed can issue a warrant of arrest.
(iv)  A is released on bail on the ground that offence for which was arrested was bailable.  He fails to appear before court and so is arrested again.  He claims to be released on bail on the ground that offence was bailable.  Decide.
Q.  8  (i)  Discuss the concept of "extra-judicial confession".  Explain the evidentiary value of such confession.
(ii)  A, while in police custody, makes a statement of admission of a fact.  During his trial the Public Prosecutor produces evidence of his admission.  A objects to the admissibility of the evidence on the ground of the rule laid down in section 26.  Indian Evidence Act, 1872.  Decide.
(iii)  In a trial for the offence of murder the prosecution produces an eleven year old girl as an eye-witness.  The accused objects to the admissibility of her statement on the ground that she is not a competent witness.  Decide.
(iv)  Distinguish between Indian and English Law of dying declaration.
Q.  9  (i)  Define and explain an "Expert."
(ii)  In a trial for an offence, prosecution adduces evidence of bad character of the accused.  The Accused objects to it on the ground that he has not given any evidence of his good character.  Decide.
(iii)  A is tried for an offence of "Dowry Death" under Section 304-B of Indian Penal Code.  Advise the prosecution as to what evidence is required to be produced so as to raise the presumption under Section 113-B of Indian Evidence Act 1872.
(iv)  What norms of burden of proof in a criminal case are applicable when the accused defends himself on the ground of any general or special exception prescribed in the Indian Penal Code?
Q.  10  (i)  Explain briefly the law of presumptions contained in Section 79 to 90 of the Indian Evidence Act, 1872.
(ii)  In a criminal matter the prosecution proposes to the court to take judicial notice, under Section 56 of the Indian Evidence Act, 1872, of the fact that a particular area of the State is terrorist stricken.  The accused objects on the ground that the said fact is not covered under Section 57 of the said Act, and hence the prosecution must prove it.  Decide.
(iii)  To prove his title the complaint produces an unattested Photostat copy of a document of the ground that the original document was lost.  Decide as to whether the document produced by the complaint may be admitted as secondary evidence.
(iv)  Explain as to how may the credit of a witness be impeached by the adverse party.