Maharashtra Judicial Service Civil Judge 2012 Paper-II
Maharashtra Judicial Service Civil Judge 2012 Paper-II Question Paper
Total marks – 200 Duration – 3 hours
1. Explain the difference between Summons trial and Summary trial.
2. Write notes on any two :
(a) Plea Bargaining.
(b) Legal rights of arrestee.
(c) Limitation for taking cognizance of offences
(d) Liability of a member of the Scheduled Castes for insulting another member of the Scheduled Castes on the ground of untouchability.
(e) Liability of a person not belonging to a Scheduled Castes/Tribes for intentionally insulting a member of a Scheduled Castes/Tribes in any place within public view.
3. Write short notes, (any four)
(a) First Information Report.
(b) Arrest to prevent commission of a cognizable offence.
(c) Magistrate’s power to direct Police officer to investigate cognizable offence.
(d) Power of the court to proceed against persons not being the accused appearing to be guilty of offence in any enquiry or trial.
(e) Compounding of offences.
(f) Prosecutor’s power to withdraw from prosecution.
4. Explain the concept of vicarious liability of offender in the light of relevant provisions with reference to “in furtherance of common intention”, “in prosecution of common object of unlawful assembly” and “criminal conspiracy”.
5. Distinguish the following topics, (any four)
(a) Dowry death and harassment of a woman by husband or his relatives for illegal demands.
(b) Insulting modesty of a woman and outraging her modesty
(c) Dishonest misappropriation of property and criminal breach of trust.
(d) Forgery and making of a false document.
(e) Robbery and dacoity.
(f) Hurt and grievous hurt.
6. Explain the procedure for proving contents of electronic record and truth or falsehood of those contents.
7. Write notes, (any two)
(a) Concepts of contradiction, omission and subtraction.
(b) Nature of questions to be asked to the witness during three stages of his examination
(c) Legality and evidential value of modem techniques of investigation such as Polygraph test, Narcoanalysis test and Brain fingerprinting test.
(d) Exceptions to general rule, “Hearsay evidence is not admissible”.
8. Write short notes, (any four)
(a) Fact in issue.
(b) Relevancy of facts and admissibility in evidence.
(c) Use of dying declaration after survival of its maker recorded by (a) police and (b) other than police official.
(d) Purpose and evidential value of test identity parade.
(e) Refreshing of memory.
(f) Res Gestae.
9. Write an essay on any one of the following topics.
(a) Socio-legal aspects of female foeticide.
(b) Hostility of witnesses — a challenge.
(c) Effect of declining rate of conviction on the safety of a society.
10. Write a judgment on the following facts.
Ram resides at Pune. He went to Nasik after locking his house. On his return he found that his lock and latch were broken. T.V. set & gold ornaments were stolen. He filed a report with the police. Investigation officer arrested Ravan and seized gold ornaments of Ram from Ravan’s house under Panchanama in presence of two panchas, Ravan gave disclosure statement to Investigation officer that he would show a shop where he sold the T.V. set. He showed shop of Laxman but Ram’s T.V. set was not found. Investigation officer submitted Charge Sheet.
On trial Panchas turned hostile. Ram and I.O. supported prosecution.
Asst. Prosecutor argued seizure of ornaments from house of Ravan and discovery of fact as to where he sold T.V. set are proved. Hence claims conviction. Defence lawyer submits that there is unexplained delay in filing FIR. On seizure of ornaments, independent witnesses have not supported. T.V. set is not recovered hence there is no use of showing the shop. He prays for acquittal. In alternate, he requests to extend the benefit of the Probation of Offenders Act.