Himachal Judicial 2004 Law Paper-I Question Paper

HIMACHAL JUDICIAL 2004 LAW PAPER-I QUESTION PAPER

Q1. (a) “The rules of evidence in general the same in civil and criminal proceedings”. Discuss exceptions to it. Is there any difference as to effect of evidence in civil and criminal proceedings?

(b) What is the function of Law of evidence in judicial enquiries? What are the cardinal rules of Law of evidence?

(c) A is accused of committing murder of X with the help of B in a running train. Apart from B who has become approver, no other eye-witness is available to prosecution for proving the case against A.
Should the trial court convict A for murdering X on the basis of B’s evidence? Give detailed reasons in support of your answer.

(d) Controversy is whether A married B. Both A and B died about forty years back. What kind of evidence can be produced for proving marriage between A and B under provisions for Evidence Act?

Q2. (a) “Mens Rea is an essential element in Criminal Law”. Explain the above statement. To what extent is it applicable to the Indian Penal Code?

(b) “A master is not criminally responsible for the unauthorized acts of his servants. Only he is criminally punishable who immediately does the act or permits it to do”. Explain the above statements along with its exceptions, if any.

(c) Discuss the criminal liability of A in the following:
(i) A comes to know that B is roaming with valuable ornaments in the city. He along with an accomplice, armed with a pistol and a bomb, goes out in the city on motorcycle in order to rob B. But could not find B. Has A committed any offence?
(ii) A, intending to murder B by poison, purchases poison and mixes it with flour which remains in A’s keeping. Later on A’s intention to murder B is proved.

PART A

Q3. (a) Explain with illustration, the extra-territorial operation of Indian Penal Code.

(b) A foreigner is attacked by another foreigner without any justification on a foreign vessel on high seas and a person so struck dies while he lands on Bombay port. The foreigner who struck also landed at Bombay although he was not present at the time of death of the person attacked. Can he be tried and convicted for the offence by the courts in India?

(c) (i) Define abatement and state its kinds.
(ii) A, a boy and X, a girl are friends to each other. Both of them believe that X is pregnant as such A instigates X for abortion and given some medicines. It does not effect on X because actually she was not pregnant. Describe the liability of A in the above case.

Q4. (a) Explain with illustration the offence of ‘Robbery’. When theft and extortion becomes ‘Robbery’?

(b) A had taken a bicycle on hire purchase from a bicycle dealer B on the condition that if the installments are not paid regularly to B, B will be entitled to take back the bicycle. There were defaults in the payment of the installments. One day as C, the servant of A, was going on the same bicycle, B forcibly took possession of it. Decide the above case with the help of relevant case law.

(c) Fix the liability of A, if any in the following problems with the help of relevant provisions of Indian Penal Code:
(i) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover its owner.
(ii) A finds a government promissory note belonging to Z and bearing a bank endorsement. A knowing that the note belongs to Z, pledges it with a bank as a security for loan, intending at future time to restore it to Z.
(iii) From the body of a dead man found floating in a river, A, the policeman on duty, recovered an identity card of the deceased, a costly wrist watch and gold ring. A did not record the last two items in the recovery memo and pocketed them.
(iv) A being executor of the will of a deceased person, dishonestly disobeys the law which directs him to divide the assets according to the will. And appropriates them to his own case.

PART B

Q5. (a) burden of proof is like a Pivot on which the whole law of evidence revolve. Comment.

(b) Law presumes that a child begotten from a wife is the issue of her husband. The rebuttal of this presumption by the evidence of their non-cohabitation lies on that party who alleges illegitimacy. Discuss.

(c) A and B approached an Inspector of police who was investigating an offence alleged to have been committed by A and requested him to hush up the case for reard. The Inspector evoked them to see him at residence and reported the matter to his superior officer. After few days A came with Rs. 500.00 and said that B has sent to him with money to hush up the matter. The Inspector at once drew up the First Information Report on his new statement, prepared a seizure list of the money and arrested A. Discuss whether the statement of A can be used by the prosecution at the trial of A and B and if so, to what purpose and against whom.

(d) A is accused of murdering B at Jaipur on 1st January 1999 at 2:00 P.M. In the trial, evidence is produced by the prosecution to the effect that on the date of alleged murder, A went to Victoria Hospital, Ajmer at 6:00 P.M. and attempted to bribe the superintended of the hospital for a heart ailment and that he made a request to the said superintendent to make entries in the registers of the hospital which might show that he was admitted as an in-patient at 8:00 A.M. on 1st January 1999 and was confined to bed in his room. On behalf of A an objection was raised to the admissibility of the evidence. Is such evidence admissible under any of the provisions of the Indian Evidence Act? Give reason for your answer.

Q6. (a) State and illustrate the rule of estoppels as enacted in the Indian Evidence Act. What is the principle upon which this rule rests?

(b) A constructs a house on the land of B. A knows that the land belongs to B. B sees the encroachment but does not object. When the house has been completely built, B sues A for the demolition of the house and removal of materials. Can A raise a plea of estoppel against B?

(c) A, a married man commits forgery and communicates this fact to his wife who obtains a divorce from her husband after two years. A year after the divorce, A is put on the trial for the said forgery. Can the wife give evidence touching the forgery against A? Will it make a difference if A does not communicate it?

(d) A witness is asked in cross-examination whether he was not dismissed from particular post for embezzlement. He denies it. Evidence is offered to show that he was really dismissed for embezzlement. Should the evidence be received? Give reasons for your answer.

PART C

Q7. (a) F.I.R is not evidence, still it is the foundation of investigation. Comment.

(b) A Magistrate while trying cases, by oversight tried a summons case as a warrant case and a warrant case as a summons case. The accused did not raise any objections. The Magistrate however detected the mistake at the time of arguments. What procedure he has to adopt to legalize the trial of the two cases.

(c) A Sub Divisional Magistrate without holding enquiry passes an order requiring a person to furnish security for good behavior and directs that in default he shall suffer rigorous imprisonment for two years. Discuss the legality of the above order.

(d) (i) What are the provisions relating to the preventing actions of police? Explain.
(ii) B comes to know that A intends to shoot C next day in X square at 8:00 A.M. Thereon B informs the police about it. The following day A is arrested by police in the same garden a few minutes before 8:00 A.M. and on being searched a fully loaded pistol is found in his possessions. Discuss the legality or illegality of the problem.

Q8. (a) State the provisions relating to the powers of the High Court for appeals and revisions in criminal matters and also explain the circumstance in which after proving the guilt, appeal cannot be filed.

(b) A police officer arrested a person and produced him before a first class magistrate for recording his confession with handcuffs on. The Magistrate immediately proceeded to record his confession. The police officer put the questions and the accused replied them. At the end Magistrate merely signed it and affixed the seal of the court. Point out the defects, if any.

(c) A was travelling from Bombay to Madras. In the course of his journey, A committed a theft between Bombay and Poona. At Poona, A suddenly changed his mind, broke his journey, and stayed at Poona. Can A be tried at Madras? Can he be tried at Bombay or at Poona or at any intermediate station?

(d) A and B purchased a bus jointly on hire purchase system. A major portion of the price of the bus was advanced as loan by a financing company on the condition that the bus would remain the property of the financing company until the installments of the loan had been paid to the financing company. A and B took away the bus to Kota and sold it to K by representing to him that they were the owners of the bus. Explain:
(i) What offence, if any A and B have committed?
(ii) Where will suit be tried?