Rajasthan Judicial service District Judge DR & LCE Law Paper-II 2015 Question Paper

Rajasthan Judicial service District Judge DR & LCE Law Paper-II 2015 Question Paper

             

Time : 2.00 Hours                  Maximum Marks : 120

Part A

Attempt all the 20 Questions. Each question carries 1 mark.
1. “A” has In his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under Section 466 of the Indian Penal Code.
Which one of the following is a correct statement:-
(1) “A” cannot be separately charged for possession of each seal under Section 473 of the Indian Penal Code.
(2) “A” may be separately charged for possession of each seal under Section 473 of the Indian Penal Code.
(3) “A” has not committed any offence, hence he cannot be charged.
(4) None of the above.

2. Any court may take cognizance of an offence after expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case that:-
(1) The delay has been properly explained.
(2) It is necessary so to do in the interest of justice.
(3) The State Government has given instructions for taking such cognizance.
(4) In 1 and 2 both the conditions.

3. Identify the wrong statement: –
(1) In every trial before a Court of Sessions, the prosecution shall be conducted by a Public Prosecutor.
(2) If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him.
(3) When the examination of the witness, If any, for the defence is complete, the prosecutor shall sum up his case and the accused shall be entitled for reply.
(4) After hearing arguments and points of law, if any, the Judge shall give a judgment and in the case of conviction shall pass an order of sentence simultaneously.

4. Two courts subordinate to different High Courts have taken cognizance of the same offence. The question that which one court shall try that offence, shall be decided by:-
(1) The Supreme Court of India.
(2) Any of the High Court.
(3) The High Court within the local limits of whose appellate criminal Jurisdiction the proceedings were first commenced.
(4) None of the above.

5. In cases tried by a Chief Judicial Magistrate, the Magistrate shall forward a copy of his findings to:-
(1) The Collector of the District where the case was tried.
(2) The District Judge of the judgeship concerned.
(3) The District Magistrate within whose local jurisdiction the trial was held.
(4) The High Court to which the Chief Judicial Magistrate Is subordinate.

6. It is within the knowledge of “R” that “Q” is hiding himself behind a curtain but “S” is having no knowledge of it. “R” intending to cause death of “Q”, induces “S” to fire at curtain. “S” fires accordingly, resulting into death of “Q” In this factual background which statement of the following Is correct:-
(1) “R” has not committed any offence.
(2) “R” has committed an offence of culpable homicide not amounting to murder.
(3) “R” has caused death by negligence.
(4) “S” may be guilty of no offence.

7. “A” Is owner of a Stud Farm, where water supply service Is available to have drinking water for horses. “B” diverts the flow of water supply towards his agriculture land knowing that It shall cause diminution of the supply of drinking water to the horses. “B” commits an offence under:-
(1) Section 428 Indian Penal Code.
(2) Section 431 Indian Penal Code.
(3) Section 430 Indian Penal Code.
(4) Under Prevention of Cruelty to Animals Act, 1960.

8. In presence of his wife “B”, “A” causes a grievous hurt by a knife to “C”, “B” washes that knife and hides In her room with intention of screening her husband from legal punishment. “B” commits an offence described under:-
(1) Section 203 Indian Penal Code.
(2) Section 206 Indian Penal Code.
(3) Section 201 Indian Penal Code.
(4) Section 212 Indian Penal Code.

9. “B” a married woman voluntarily indulges in sexual Intercourse with the consent of her husband with a married man “A”. “A” is guilty of:-
(1) Adultery
(2) Rape
(3) Abatement
(4) None of the above.

10. Section 27 of the Indian Evidence Act, 1872 applies:-
(1) When the person giving information Is an accused but not In custody of police officer
(2) When the person is in custody of a police officer, but not an accused.
(3) When the person is neither in custody of police officer nor an accused.
(4) In none of the above.

11. With the aid of a Photostat copy of a sale deed, a person wishes to prove sale of a property. He has to prove first that:-
(1) Photostat copy is obtained through a mechanical process.
(2) The Photostat copy is a true and correct copy of its original.
(3) The original document has been lost.
(4) None of the above.

12. A school teacher during school hours was found In restricted military area. He defended himself by stating that he was authorised to enter in the restricted area. The burden to prove that he was authorised to enter in the restricted area, is upon:-
(1) The authority that regulates entry in restricted area.
(2) The Security Guards of the area.
(3) The person who was found in the restricted area.
(4) The officer who found the person present in the restricted area.

13. A legally wedded person is found guilty for commission of an offence punishable under Section 8/16 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Whether benefit of the provisions of the Probation of Offenders Act, 1958 can be given to such person?
(1) No
(2) Yes
(3) Yes, by giving special reasons for that
(4) Yes, if the accused is physically disabled.

14. What does “Production” means under the Narcotic Drugs and Psychotropic Substances Act, 1985?
(1) Separation of Opium, Poppy straw. Coca leaves or Cannabis from the plant from which they are obtained.
(2) Refining and transformation of narcotic drug.
(3) Production of Opium by series of operations.
(4) None of the above.

15. “B”, an unmarried person, who is not a member of Scheduled Caste or Scheduled Tribes, informs the police that his wife has been grievously hurt due to throwing of Acid by “C”, who is a member of Schedule Caste. On basis of this information police lodged a case against “C” for the offence punishable under Section 326-A of the Indian Penal Code. “B” commits an offence under:-
(1) Section 425 of the Indian Penal Code.
(2) Section 3(1)(ix) of The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities) Act, 1989.
(3) Section 3(1)(xi) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(4) None of the above.

16. What sentence can be awarded to a convict for offence under Section 138 of the Negotiable Instruments Act, 1881:-
(1) Imprisonment for a term, which may extend to three years or fine up to one lac rupees or with both.
(2) Imprisonment for a term, which may extend to two years or fine, which may extend to twice the amount of Cheque or with both.
(3) Imprisonment for a term, which may extend to six months and fine equal to the amount of Cheque or with both.
(4) Imprisonment for a term, which may extend to one year and with fine, which may extend to double the amount of Cheque or with both.

17. The General Rules (Criminal), 1980 have been made by the:
(1) Governor of Rajasthan in exercise of the powers conferred by proviso to article 309 of the constitution of India.
(2) Governor of Rajasthan after having consultation with the Rajasthan High Court.
(3) High Court of Judicature for Rajasthan, in exercise of the powers conferred upon It by Article 227 of the Constitution of India with approval of the Governor of Rajasthan.
(4) Chief justice of Rajasthan High court exercising powers under article 227 of the constitution of India.

18. When the amount of fine, compensation or other sum, deposit, penalty or fee is paid Into a Court of Judicial Magistrate, then the Presiding Officer of the Court shall send the money to the:-
(1) Bank having account of the Court.
(2) Concerned Chief Judicial Magistrate.
(3) Scheduled bank authorised to receive money on behalf of the High Court to which the Court of Judicial Magistrate Is subordinate.
(4) Nearest treasury or sub-treasury or scheduled bank authorised to receive money on behalf of the Government.

19. The phrase “a motive or reward for doing” used In Section 7 of the Prevention of Corruption Act, 1988, indicates: –
(1) A public servant, who habitually accepts gratification to discharge duties entrusted to him.
(2) A person, who by corrupt or illegal means obtains valuable things for other person
(3) A person, who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done.
(4) None from the above.

20. Which of the following Is correct statement?
(1) The Special Court shall try cases in camera and in the presence of the parents of the child or any other person In whom the child has trust or confidence.
(2) The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence.
(3) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, If any, shall be recorded by the Special Court.
(4) All the above

PART B

Attempt all 12 Questions. Question No. 1 to 10 carry 6 marks each. Question No. 11 carries 8 marks and Question No. 12 carries 12 marks.

1. What are the tests to understand the principles of “Rarest of Rare Case”? Explain with the aid of leading Supreme Court Judgments.

2. In light of the relevant provisions of Code of Criminal Procedure write short note on following
(Each short note carry two marks).
(i) Compensation to persons groundlessly arrested.
(ii) Procedure of arrest and duties of officer making arrest.
(iii) Procedure in case of insolvency or death of surety or when bond is forfeited.

3. Explain the procedure that is to be followed on failure of an offender released on probation of good conduct to observe the conditions of bond.

4. Answer all the three questions. Each question carry two marks.
(i) A person who is not a member of Scheduled Castes or Scheduled Tribes, holding the post of Tehsildar, commits an offence described under Section 3(l)(xv) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. What is the minimum punishment that should be given to such person?
(ii) Discuss the provisions relating to presumption as to offences under Chapter-II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(iii) Discuss the provisions relating to removal of person likely to commit offence under Chapter-II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. Answer all the three questions. Each question carry two marks.
(i) What is the procedure given in the Protection of Children from Sexual Offences Act, 2012 in case of commission of offence by a child and determination of age by Special Court?
(ii) Discuss the provisions for medical examination of a child under the Protection of Children from Sexual Offences Act, 2012.
(iii) What is the object for enacting “The Protection of Children from Sexual Offences Act, 2012′?

6. Answer all the three questions. Each question carry two marks.
(i) What does “child in need of care and protection” means under Juvenile Justice (Care and Protection of Children) Act, 2000?
(ii) In which circumstance a High Court may exercise powers conferred on a Juvenile Justice Board?
(iii) What does “fit institution” means under Juvenile Justice (Care and Protection of Children) Act, 2000?
7. Write a short note about the following in light of the provisions of General Rules (Criminal), 1980. (Each short note carry two marks).
(i) Matter of public importance disposal thereof
(ii) Daily cause list.
(iii) Disposal of fire arms.

8. What precaution an investigating officer is required to take while making entry into a building, search, seizure and arrest as per the requirements of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

9. Mr. “A” is owner and Manager of Hotel Sarovar. The Hotel Sarovar is situated at the bank of a lake in Ramnagar. Water of the lake is mainly used for drinking purpose. From 1.6.2015 to 5.6.2015 a huge quantity of dirty water and rotten food material was discharged in the lake from the hotel and that fouled the water of lake.
Whether Mr. “A” has committed any offence under the Indian Penal Code? If yes, then on basis of the given facts frame charge of offence against Mr. “A”, by treating yourself as Mr. “J*, Judicial Magistrate, Ramnagar.

10. Answer both the questions. Each question carry three marks.
(i) Criminal misconduct by a public servant under Prevention of Corruption Act, 1988.
(ii) Power of Court to release certain offenders after admonition.

11. Discuss the law relating to criminal intimidation by referring relevant case law. In what way extortion is a different from criminal Intimidation?

12. On 2.2.2015, at about 07:30 PM, a woman was brought to the Government Hospital for treatment being suffered by serious bum. A statement made by the woman was reduced in writing by Station House Officer, Police Station Sadar. As per the statement, name of the woman was ‘Kamla’ and she was residing with her husband ‘Mohan’ in a small house of one room, kitchen and toilet. Mohan was In habit to ill- treat her and he was also having illicit relations with some other woman. On 2.2.2015 at about 06:45 PM Mohan came to home and poured kerosene on ‘Kamla’ and then put her on fire. He then fled from the house. Hearing screams, neighbours came to the spot of occurrence and poured sand and water on Kamla. She was then brought to hospital by them.
On basis of this statement a case was lodged against Mohan and looking to the serious condition of Kamla her dying declaration was also recorded by competent Magistrate after taking necessary certificate by treating doctor. Before the Magistrate, Kamla reiterated whatever she stated to the Station House Officer. During the course of treatment Kamla died on 2.2.2015 at 11:30 PM. The police after regular investigation submitted its report to a competent court and on basis of that Mohan was charged for an offence punishable under Section 302 Indian Penal Code and he was tried for that.
In trial, prosecution produced Investigating officer, the Magistrate, who recorded dying declaration, the treating doctor and the doctor who conducted post-mortem In evidence. The documents prepared during the course of investigation were also exhibited. Accused Mohan did not produce any evidence in defence.
On basis of these facts, write a judgment convicting Mohan and sentencing him suitably.