Rajasthan Judicial service Law Paper-II 2015 Question Paper

Rajasthan Judicial service Law Paper-II 2015 Question Paper

Time : 2.00 Hours                  Maximum Marks : 120

PART-A

Attempt all the 15 questions. Question no. l to 10 each carries 3 marks, question no. ll to 13 each carries 6 marks, question no.14 carries 10 marks and question no.15 carries 12 marks.

1. When an accused can be discharged by a Magistrate?

2. When and how an accused who is not present before the Magistrate can be convicted in petty cases on plea of guilty?

3. What do you understand by “Local Jurisdiction”?

4. Whether the State Government can file appeal against the order of acquittal?

5. “X” holds “Y” down, and fraudulently without the consent of “Y” takes away his precious wrist watch and in order to commit this theft, “X” also voluntarily causes wrongful restraint to “Y”. What offence “X” has committed?

6. To support a suit under Order 37 of the Code of Civil Procedure, “B” makes a false entry in his books of account. What offence under Indian Penal Code, 1860 he has committed?

7. What do you understand by “Counterfeit”?

8. What is a “Leading Question’?

9. What arc the “Public Documents” as defined under Indian Evidence Act, 1872?

10. When the opinion as to electronic signature is relevant?

11. What are the contents of charge? What particulars as to time, place and person should be given In the charge? Can the Court alter a charge once framed?

12. What are special provisions in the Indian Evidence Act, 1872 regarding admissibility of electronic record? In what circumstances, information contained in electronic record can be accepted in evidence in the proceedings before a Court? Discuss with reference to relevant provisions.

13. What are the conditions enumerated in proviso to Exception-1 of Section 300 of the Indian Penal Code 1860, subject to which defence can be set up by accused that he lost power of self-control due to grave and sudden provocation given by victim?

14. Write a detailed note about the procedure given in the Code of Criminal Procedure, 1973 when investigation cannot be completed in 24 hours.

15. On Vijay path, at about 09:30 AM of 15.09.2015, motorcycle of “R” had a collision with the car of “S”. “S” gave a slap to “R” and also abused him. On being abused by “S”, “R” under grave provocation picks up a sharp heavy iron blade lying on road and tries to cause head injury to “S”, which could have caused death of “S”. ”S” any how escapes himself from the iron blade blow.
What offence “R” has committed? If “R” has committed any offence, frame a charge on basis of the given facts by treating yourself “PM, Additional Sessions Judge, Pali.

PART- B

Attempt all the 6 questions. Each question carries 5 marks.

16. Discuss the provision relating to “bail of juvenile” under Juvenile Justice (Care and Protection of Children) Act, 2000.

17. Discuss the provisions of Negotiable Instruments Act, 1881 relating to presumption in favour of holder, defence which may not be allowed in any prosecution under Section 138 and the offences by companies.

18. Describe the powers and procedure given under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 relating to removal of person likely to commit offence in any “Scheduled Area” or “Tribal Area”.

19. Explain the provisions relating to following under General Rules (Criminal), 1980 (each carries 2.5 marks)
(1) Process against Members of the Parliament and State Legislature.
(2) Order-sheet.

20. Who is a “child” in the Protection of Children from Sexual Offences Act 2012? Discuss the provisions relating to aggravated sexual assault given in this Act.

21. With reference to the Narcotic Drugs and Psychotropic Substances Act, 1985 write short note on following (each carries 2.5 marks)
(1) Illicit traffic
(2) Power of Court to release certain offenders on probation.