Rajasthan Judicial service Law Paper-II 2016 Question Paper

Rajasthan Judicial service Law Paper-II 2016 Question Paper

             

Time : 2.00 Hours                  Maximum Marks : 120

NOTE: Attempt all the questions. Questions No. l to 8 carry 3 marks each, questions No.9 to 12 carry 5 marks each, questions No.13 to 17 carry 6 marks each, questions No.18 and 19 carry 8 marks each and question No.20 carries 10 marks.

PART-A

Attempt all the 8 questions. Questions No. l to 8 cam- 3 marks each.

1. What do “heinous offences” mean under the Juvenile Justice (Care and Protection of Children) Act, 2015?

2. Where a person aggrieved by any decision of Cyber Appellate Tribunal may file an appeal and what is the limitation for that is prescribed under the Information Technology Act, 2000?

3. How the amount ordered to be paid under sub-section (1) of Section 5 of the Probation of Offenders Act, 1958 may be recovered?

4. What docs “monetary relief’ mean under the Protection of Women from Domestic Violence Act, 2005?

5. According to General Rules (Criminal), 1980, to whom the Sessions Court, for the purpose of giving information, on its issuance, shall forward a copy of warrant for execution of death sentence?

6. A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in /Ts favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. What offence A has committed under Indian Penal Code, 1860?

7. Who can be specified by the State Government as an exclusive Special Public Prosecutor for exclusive Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

8. When a Magistrate may conduct proceedings in camera under the Protection of Women from Domestic Violence Act, 2005?

PART-B

Attempt all the 5 questions. Questions No.9 to 12 earn1 5 marks each and question no. 13 carries 6 marks.

9. Discuss the provisions relating to rehabilitation and social reintegration of children under the Juvenile Justice (Care and Protection of Children) Act, 2015.

10. Describe the rights of victims and witnesses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989?

11. Explain the offence of defamation described under Chapter XXI of the Indian Penal Code 1860.

12. What powers are available to a police officer for the purpose of investigation of an offence punishable under the Electricity Act, 2003?

13. Write note on following :- (each note carries three marks)
(1) Offences by companies under the Information Technology Act, 2000.
(2) Duties of probation officers under the Probation of Offenders Act, 1958.

PART-C

Attempt all the 4 questions. Questions No. 14 to 17 carry 6 marks each.

14. Answer both the following questions: (each question carries three marks)
(1) When an opinion as to electronic signature is relevant?
(2) “X” agrees in writing, to sell a car to “Y” for Rs.2.00,000/- or Rs.2,50,000/-. Whether on basis of this writing, evidence can be given to show which price is to be given? Support your answer by referring relevant provision of the Indian Evidence Act, 1872.

15. Discuss the provisions relating to admissibility of electronic records in evidence as per provisions of Indian Evidence Act, 1872.

16. Discuss the provisions relating to application for plea bargaining and guidelines for mutually satisfactory disposition under the Code of Criminal Procedure, 1973.

17. Write short note on the following: (each note carries three marks) to
(1) Conditional order for removal of nuisance under The Code of Criminal Procedure, 1973.
(2) Sentence on offender already sentenced for another offence.

PART-D

Attempt all the 3 questions. Questions No. 18 and 19 carry 8 marks each and question no. 20 carries 10 marks.

18. Discuss the provisions relating to procedures for recording of statement of a child and medical examination of a child under the Protection of Children from Sexual Offences Act, 2012.

19. Write a note regarding involuntary subjection of a person to narco-analysis test, polygraph test and brain mapping test with special reference to the latest judgments of Supreme Court of India.

20. Sita Devi was married to Ramesh on 16.04.2006. Two children, Arpit and Pankaj, were born out of this wedlock in the years 2008 and 2012 respectively. Ramesh used to quarrel with Sita on trifle issues. Ramesh and his mother Kailashi Devi were not satisfied with the dowry given in the marriage. Ramkishan, father-in-law of Sita, however, protected her on several occasions and asked his own wife Kailashi Devi and son Ramesh not to harass and torture Sita for bringing inadequate dowry. Even’ then, Ramesh and Kailashi subjected Sita to cruelty and mal-treatment. Exasperated by circumstances, Sita committed suicide on 09.09.2015. Dashrath, father of deceased Sita, lodged a first information report against her husband, mother-in-law and father-in-law.
On basis of the FIR lodged by Dashrath, father of Sita. investigation was made and Smt. Kailashi, Shri Ramkishan and Shri Ramesh were charge-sheeted. The competent court took cognizance of the offence and the case was committed to the Court of Sessions. The Sessions Court framed the necessary charges against all the accused persons. The accused denied the charges and desired trial. During the course of trial, Krishan Kumar, Om Prakash and Smt. Rad ha (neighbours of the accused persons), Dashrath (father of the deceased), Vasundhara (mother of the deceased) and Kiran Kumari (sister of the deceased) were examined. All these witnesses stated about torture and harassment of deceased Sita by Ramesh and Smt. Kailashi for dowry. Nothing was said by these witnesses against Shri Ramkishan. The accused were afforded opportunity by the court to explain the circumstances appearing against them in prosecution evidence. Final order is passed by the court.
Write a judgment, briefly discussing as to for what offence the accused persons are charged and ultimately what order is passed, either of acquittal or of conviction, giving reasons there for.