Rajasthan Judicial service District Judge Promotional Law Paper-II 2011 Question Paper

Rajasthan Judicial service District Judge Promotional Law Paper-II 2011 Question Paper

             

Time : 2.00 Hours                  Maximum Marks : 120

Part-A

Note:- Each question carries 1 mark (Total marks for this part are 20)

1. Which of the following is not an exception as per provisions contained in Chapter IV of Indian Penal Code, 1860:-
(A) An act of a Judge when acting judicially
(B) An act though likely to cause harm but done without criminal intent and good faith, to prevent other harm
(C) An act done to a minor with consent of his parents
(D) An act by a person done by mistake of fact and not by reason of a mistake of law in good faith believing himself justified by law

2. The right of private defence of property extends, under the restrictions mentioned in Section 99 of the Indian Penal Code, 1860, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which or attempting to commit which occasions the exercise of the right is of the following description:-
(A) House-breaking by night
(B) Mischief by fire committed on a building used as a human dwelling
(C) Robbery
(D) All the above

3. Z while proceeding on a journey, entrust his furniture to A, who is warehouse keeper, in a contract that he shall return the same to him on payment of stipulated charges of the warehouse room. A however dishonestly sells the good, A has committed which of following of Fence:-
(A) Criminal breach of trust
(B) Dishonest misappropriation of property
(C) Cheating
(D) Mischief

4. Culpable homicide is not a murder:-
(A) If the offender in exercise of good faith of right of private defence of a person or property, exceeds the power given to him by law and causes the death of a person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than necessary
(B) If the person whose death is caused is above the age of 18 years, suffers death or takes the risk of death with his own consent
(C) If it is committed without premeditation in sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner
(D) If a public servant acting for advancement of justice, exceeds the power given to him by law and causes death by doing an act, which he does not believe to be lawful and necessary for discharge of his duties

5. A intentionally deceives Z into the belief that A has performed A’s part of contract made with Z, which he has not performed and thereby dishonestly induces Z to pay money, A commits the offence of:-
(A) Criminal breach of trust
(B) Cheating
(C) Dishonest misappropriation of property
(D) None of above

6. Which of offence under following provisions of Indian Penal Code, 1860 is not compoundable? :-
(A) Section 326
(B) Section 323
(C) Section 379
(D) Section 447

7. An order of attachment of property of a person proclaimed absconder can be made under Section 83 of the Criminal Procedure Code, 1973
(A) Simultaneously with issuance of proclamation under Section 82 of Cr. P.C.
(B) After issuance of proclamation under Section 82 of Cr. P.C.
(C) Before issuance of proclamation under Section 82 Cr. P.C.
(D) At any time

8. According to provisions of Section 221 of Criminal Procedure Code, 1973 what course is open to a court while framing charges for a single act or series of acts, which is of such nature that it is doubtful as to which of acts, if proved, will constitute which offence
(A) He may frame charge for one of such offences
(B) He may frame separate charge for all the offences
(C) He may alternatively frame charge for all such offences
(D) All the above statements are correct

9. According to provisions of Section 319 of Criminal Procedure Code, 1973, what course is open to a court when during trial of a criminal case it appears that any person not an accused, has committed such offence for which he could be tried together with other accused therein:-
(A) The court may take cognizance of offence against such person
(B) The court may direct reinvestigation
(C) The court shall proceed to conclude trial against accused charge-sheeted
(D) None of the above

10. Which of following provisions of Criminal Procedure Code, 1973, bars alteration, modification or review of a judgment or final order in a criminal matter when it has been signed, except to correct a clerical or arithmetical error after same has been signed:-
(A) Section 482
(B) Section 362
(C) Section 354
(D) Section 364

11. Can a convict for any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, be granted benefit of probation under provisions of the Probation of Offenders Act, 1958:-
(A) No
(B) Yes
(C) Yes, only if he is under eighteen years of age or he is convicted for offence under Sections 26 or 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
(D) None of the above is correct

12. According to provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an offence under the said Act is,>
(A) non-cognizable and bailable
(B) cognizable and bailable
(C) non-cognizable and non-bailable
(D) cognizable and non-bailable
13. What, according to Section 138 of Negotiable Instruments Act, 1881, is the period within which a Cheque is to be presented to the Bank for encashment, if its validity period has not expired:-
(A) One year
(B) Three months
(C) Nine months
(D) Six months

14. Which of the following, according to Section 3 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, constitutes an offence:-
(A) A takes ‘begar’ from Z, who is a member of Scheduled Tribes or compels him to do forceful labour or keeps him bonded labour
(B) A being a member of general caste forces B a member of schedule tribe to eat uneatable or obnoxious substances
(C) A being a member of general caste forcefully removes clothes of Z a member of schedule caste and parades him naked in public gaze
(D) All the above are correct

15. Which of the following statements, according to provisions of the Negotiable Instruments Act, 1881, is correct in law:-
(A) An offence under Section 138 of the Act is to be tried summarily
(B) Notwithstanding anything contained in Cr. P.C., evidence of complainant may be given by him in affidavit
(C) Notwithstanding anything contained in Cr. P.C., offence under Section 138 of the Act is compoundable
(D) All the above arc correct

16. Whether a juvenile in conflict with law can be tried with another person, who is not a juvenile if both have together committed the same offence?
(A) Yes
(B) No
(C) Yes with permission of the High Court
(D) May be

17. which of the following provisions of the Indian Evidence Act, 1872 empowers a court to disallow irrelevant question put to a witness:
(A) Section 136
(B) Section 148
(C) Section 3 42
(D) Section 133

18. A person guilty’ of publishing obscene information in electronic form thereby committing offence under Section 67 of the Information Technology Act, 2000, may be sentenced to:-
(A) Imprisonment for a term which may extend to seven years and fine up to Rs.50,000/-
(B) Imprisonment for a term which may extend to three years and fine up to Rs.5,00.000/-
(C) Imprisonment for a term which may extend to ten years and fine up to Rs. 10,00,000/-
(D) Imprisonment for a term which may extend to five years and fine up to Rs. 1,00,000/-

19. What sentence can be awarded to a convict for his second offence under Section 136 of the Electricity Act, 2003:-
(A) Imprisonment for a term, which may extend to three years and fine or both
(B) Imprisonment for a term, which shall not be less than six months but which may extend to five years and fine not less than ten thousand rupees
(C) Imprisonment for a term up to two years with fine up to Rs.5,000/-
(D) Imprisonment for a term which shall not be less than three years with fine up to Rs. 10,000/-

20. Who is competent to sanction prosecution of a member of Indian Administrative Service born on cadre of a State Government, in relation to offence committed by him while serving on deputation in connection with affairs of the Union of India, which shall be punishable under the Prevention of Corruption Act, 1988:-
(A) State Government
(B) Central Government
(C) Chief Secretary of the State
(D) None of above

PART-B

Note:- Questions No. l to 10 carry 6 marks each and Questions No.11 and 12 carry 10 marks each (total marks for this part are 80)

1. Write a short note on distinction between ‘culpable homicide amounting to murder1 and ‘culpable homicide not amounting to murder.

2. What arc 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?

3. What is difference between examination of accused under Section 313 of Criminal Procedure Code, 1973 to explain circumstances appearing in evidence against him and statement of an accused on oath under Section 315 in disproof of charges made against him?

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

5. Who is accomplice? Can conviction of an accused be recorded on the testimony of an accomplice? In what circumstances, pardon can be tendered to an accomplice? Discuss in the context of Section 306 of the Criminal Procedure Code, 1973 and Section 133 of the Indian Evidence Act, 1872.

6. What is dying declaration and in v.hat circumstances an accused can be convicted on that basis?

7. What are the objects of Juvenile Justice (Care and Protection of Children) Act, 2000? Mention the powers of Juvenile Justice Board?

8. Answer any two of the following:-
(A) Whether an accused can be convicted for offence under Section 201 of the Indian Penal Code, 1860 alone without there being his conviction or conviction of any co-accused for any substantive offence? If yes, what punishment can be awarded for such offence?
(B) What is the significance of ‘motive’ in a criminal case?
(C) What is the distinction between offences of ‘giving false statement on oath to a public servant’ and ‘giving false evidence on oath’?

9. Answer any one of the following:-
(A) What precaution an Investigating Officer is required to take while making entry into a building, search, seizure and arrest as per the requirement of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
(B) What conditions of law an Investigating Officer should abide by while making search of a person, as per requirement of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

10. Write a short note on any two of die following:-
(A) Common intention and common object
(B) Duties of Probation Officer under the Probation of Offenders Act, 1958
(C) Dishonest misappropriation of property and criminal breach of trust
(D) Kidnapping and abduction

11. Write a note in about 300 words regarding involuntary subjection of a person to narco-analysis test, polygraph test and brain mapping with special reference to judgment of the Supreme Court in Smt. Selvi Vs. State of Karnataka – AIR 2010 SC 1974

OR
Write a note in about 300 words on the scope of inherent powers of the High Court under Section 482 of the Criminal Procedure Code, 1973 with special reference of the judgment of the Supreme Court in State of Haryana Vs. Bhajan Lai – AIR 1992 SC 604

12. Satyawati Devi was married to Ramnath on 16.04.2001. Two children, Arpit and Pankaj, were born out of this wedlock in the years 2003 and 2007 respectively. Ramnath used to quarrel with Satyawati on trifle issues. Ramnath and his mother Kusum Devi were not satisfied with the dowry given in the marriage. Devkishan, father-in-law of Satyawati, however, protected her on several occasions and asked his own wife Kusum Devi and son Ramnath not to harass and torture Satyawati for bringing inadequate dowry. Even then, Ramnath and Kusum subjected Satyawati to cruelty and mal-treatment. Exasperated by circumstances, Satyawati committed suicide on 09.09.2010. Sitaram, father of deceased Satyawati, lodged a first information report against her husband, mother- in-law and father-in-law.
On basis of the FIR lodged by Sitaram, father of Satyawati, investigation was made and Smt. Kusum, Shri Devkishan and Shri Ramnath were charge-sheeted. The competent court took cognizance of the offence and the ease was committed to the Court of Sessions. The Sessions Court framed the necessary charges against all the accused persons. T he accused denied the charges and desired trial. During the course of trial, Ramkumar, Hari Kumar and Smt. Kamla (neighbours of the accused persons), Sitaram (father of the deceased), Radha Bai (mother of the deceased) and Sadhna (sister of the deceased) were examined. All these witnesses stated about torture and harassment of deceased Satyawati by Ramnath and Smt. Kusum for dowry. Nothing was said by these witnesses against Shri Devkishan. 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, cither of acquittal or of conviction, giving reasons there for.