Haryana Judicial 2006 Criminal Law Question Paper

Haryana Judicial 2006 Criminal Law Question Paper

Time: 3 Hours Total Marks: 200

Note :
(i) Answer any Eight questions.
(ii) Figures to the right indicate marks
(iii) Answers should be precise.
(iv) Reference of Sections and important decisions wherever relevant should be given

Q. 1(a) “The distinction between ‘Murder’ and ‘Culpable homicide’ not amounting to murder is very fine but real”. Discuss.

(b) A terminally ill patient who is eighty years old, requests his doctor to give him lethal injection, so that he may die peacefully. The doctor administers the injection which results in death of the patient. Is doctor guilty of some offence under the Indian Penal Code?

Q. 2.(a) Distinguish “common intention” from” common object” as the expressions have been used in the Indian Penal Code.

(b) Mitha Mal dispossessed Ram Lal from his land thirty years back and is in settled possession since then. He gets the information that Ram Lal is coming to that place with armed men to get back possession of the land and would reach the site within half an hour. On getting this information Mitha Mal gathers seven of his friends immediately who are armed and prepared to resist Ram Lal forcibly. Does this assembly of Mitha mal’s friends amount to unlawful Assembly ? Decide.

Q. 3.(a) Reeta believed herself to be pregnant and asks ‘X’ to help her to undergo abortion. ‘X’ administers her some obnoxious substance sufficient to cause miscarriage but later on it was found that Reeta was not pregnant at that time. Reeta and ‘X’ are charged for attempt to cause miscarriage. Discuss the liability of the accused.

(b) ‘X’ enters house of ‘Y’ to commit theft. He is caught by ‘Y’ who starts beating him mercilessly. ‘X’ apprehending death or grievous hurt at the hands of ‘Y’ pulls out a knife and stabs ‘Y’ who is injured seriously. Cam ‘X’ put up plea of right of private defence for causing injuries to ‘Y’? Explain with reasons.

Q. 4. Discuss points of distinction between the following :
(a) ‘Outraging the modesty of a woman’ and ‘insulting the modesty of a woman.’
(b) ‘Rioting’ and ‘Affray’
(c) ‘Theft’ and ‘Extortion’
(d) ‘Criminal force’ and ‘Assault’
(e) ‘Kidnapping’ and ‘Abduction.’

Q. 5.(a) What are the ingredients of an F.I.R. ? Is it necessary that F.I.R. should contain all details of manner of occurrence ?

(b) What is the effect of delay in filing F.I.R. ?

(c) Can a person being examined by a police officer investigating a case refuse to answer questions relating to such case put to him by such officer ?

Q. 6.(a) Explain the circumstances in which a wife is entitled to claim maintenance from her husband under the Code of Criminal procedure.

(b) Can a daughter be asked to maintain her father ? If so, under what circumstances ?

(c) Can an illegitimate son be asked to maintain his father ?

Q. 7.(a) Discuss ‘joinder of charges’ under the Code of Criminal Procedure.

(b) Can a person be convicted of an offence not specified in the charge ?

(c) Is it mandatory for court to direct a new trial or adjourn the trial for some period in case of alteration of charge ?

Q. 8 (a). Examine the circumstances in which a person accused of the commission of any non-bailable offence can be released on bail.

(b) Discuss the situations in which Anticipatory bail can be granted ?

Q. 9. (a) What conditions must be satisfied by a person before he can raise the plea of ‘Estoppel’?

(b) Explain as to how the credit of a witness be impeached by the adverse party ?

(c) Can improper admission or rejection of evidence be a basis for a new trial or reversal of any decision in any case ?

(d) Explain- “What is in writing shall only be proved by the writing”.

(e) Are “Professional communications” protected from disclosure ?

Q. 10. (a) Distinguish between the following :
(i) ‘Admission’ and ‘confession’.
(ii) ‘Patent ambiguity’ and ‘Latent ambiguity’.
(iii) ‘Facts in issue’ and ‘Relevant facts’.

(b) What presumption is drawn by the courts as to –
(i) Power-of-attorney.
(ii) Electronic messages.

(c) “Oral evidence as to content of a document is not relevant”. Comment.

Q. 11.(a) 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 exceptions in the India Penal Code ?

(b) Can a Judge compel any witness to answer any question or produce any document or dispense with primary evidence of any document ?

(c) An accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then takes the Investigating Officer and the Panches to the place of the dealer and points him out. Whether the information given by the accused, and the evidence of the Investigating Officer and the Panches are admissible ?

(d) “The rules of evidence are in general the same in civil and criminal proceedings”. Give the exceptions, if any.

(e) Can a witness be excused from answering a question on ground that the answer will incriminate ?

Q. 12.(a) Discuss the evidentiary value of :
(i) ‘Dying Declaration’.
(ii) Retracted Extra-judicial confession.
(iii) Testimony of an ‘Accomplice’.
(iv) Opinion of an ‘Handwriting Expert’.

(b)(i) Is it necessary to call an attesting witness in proof of the execution of a document required by law to be attested ?
(ii) “Witness not excused from answering on ground that answer will incriminate.” Do you agree ?