Criminal Law

CRIMINAL LAW 2010
PART  A
Q.  1 R was living with her 5 children and 70 years old father-in-law at House No. 10, Vikas Puri, Delhi.  Her husband was living separately.  S, a friend of her husband, had an evil on her.
On 19-12-2009 at around 3 a.m. in the morning, some person knocked her door.  When she went to open it, no one was found.  She returned back to her room and thereafter went to the toilet.  Toilet was open to the sky.  On entering the toilet she saw S hiding there.  He immediately poured kerosene on her and lit her with a match.  R ran out, shouting for help.  Her elder son D, aged 6 years, woke up and tried to save her.  S fled away.  R was admitted in the hospital in a semi-naked condition.  At 4.45 a.m. R was declared fit for statement.  Her statement was recorded by the Investigating Officer.  She named S as the culprit.
FIR was registered under section 307, I.P.C. SDM was informed.  SDM recorded a second statement of R at 5.30 a.m. after obtaining a fitness certificate.  M.L.C. of the victim has recorded 100% burns.
Statement of D was recorded under section 164 Cr.P.C.
R died on 24-12-2009.  FIR was converted to an offence under section 302, I.P.C.  S was arrested.  From his personal search a bus ticket dated 19-12-2009 was recovered.
Case of the prosecution:
The two dying declarations are consistent and a valuable piece of evidence.  D was an eyewitness.  Bus ticket recovered from the personal search of S evidenced his presence in Delhi on 19-12-2009.
Defence of accused:
The dying declarations are suspect; 1st was in the narrative form.  Victim had 100% burns. 2nd dying declarations had the stamp of the SDM engrossed beneath the writing showing that the page was already stamped which was at some later point filled in.  Child witness cannot be relied upon; why grandfather was not produced as a witness; R had intimate relations with S; to save her honour she had falsely implicated S.  Accused entitled to benefit of doubt.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law.
Q.  2.  Trial court had convicted S under section 302, I.P.C. for having committed murder of N.  Two pieces of evidence were relied upon:
(i)    Extra judicial confession made by S to MN.
(ii)    Recovery of a blood-stained pana from bus No. DL 1P A 1294 and blood-stained pant of S.
Facts:
On 16-01-2009 at 7.25 a.m. dead body of N was recovered from a park near Kamal Cinema.  Trail of blood from the dead body led to bus no. DL 1P A 1294 parked near the park.  Driver of the bus R and bus helper MN were examined.
MN stated that S, who had boarded the bus along with his friend N, had made an extra judicial confession to him inculpating himself.  Bus had developed a snag; N, S and MN had dinner together in the bus; in the morning dead body of N was found in the bus parked behind bus no. DL 1P A 1294; S was sleeping is bus No. DL 1P A 1294 when MN woke him; S confessed to the crime.
Disclosure statement of S was recorded; he got recovered a blood-stained pana from bus No. DL 1P A 1294 and his blood-stained pant.  Conviction under section 302, I.P.C. followed.
Case of the Prosecution:
Extra-Judicial confession coupled with the recovery of the weapon, i.e., the blood-stained pana, and the pant was sufficient to sustain the conviction.
Defence of the accused:
Circumstances are not proved.  Extra-judicial confession is a weak evidence; recovery of the blood-stained pana and the pant are demolished as the recovery was not witnessed by public witnesses; there is no medical or scientific evidence.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law.
Q.  3.  On 23-01-2009 at 8.05 p.m. DD No. 15 was recorded at PS Ambedkar Nagar that R was reported missing; she had not returned from school.  On 24-01-2009 a written complaint was given by her father that R had been kidnapped.  On 25-01-2009, R was produced in the police station by her father.  Her MLC recorded a torn hymen; no injury was visible; age was recorded as 15 years.
Statement of R was recorded under section 164, Cr. P.C. Accused was arrested on her statement.  He was charge-sheeted and convicted under sections 363 and 376, I.P.C.
Case of prosecution:
Version of R by itself is sufficient to convict the accused.  This version is corroborated by the medical evidence.
Defence of the accused:
The three statements of R under section 161, 164 Cr. P.C. and on oath in court are contrary and conflicting.  R was admittedly known to the accused; it is a case of consent.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law.
PART  B
Q.  1.  Death by negligence.  Discuss in the light of plea bargaining.
Q.  2.  Registration of FIR to filling of charge-sheet in a non-bailable offence.  Discuss the stages.
Q.  3.  Bail and parole!  What are the guidelines for the courts?
Q.  4.  Sentencing parameters in non-bailable offences.
Q.  5.  Abetment; conspiracy; common intention:  Do they overlap?  Discuss.
Q.  6.  Locus standi in a Protest Petition:  Can it be entertained after acceptance of the closure report?
Q.  7.  Cyber crime and electronic evidence:  Is it admissible?