Rajasthan Judicial service District Judge Direct Recruitment Law Paper-II 2011 Question Paper

Rajasthan Judicial service District Judge Direct Recruitment 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. Who, according to Section 21 of Indian Penal Code, 1860, is not a public servant
(A) A commissioned officer in Indian Army, Navy, and Air Force
(B) An arbitrator to whom any cause has been referred for adjudication by any court of justice
(C) An officer, who, by virtue of his office, is empowered to place or keep any person in confinement
(D) An advocate who practices law in a court of justice

2. Which of the following is not an exception as per provisions contained in Chapter IV of Indian Penal Code, 1860,:-
(A) Act of a child under age of 7 years
(B) An act done pursuant to judgment or order of a court of justice
(C) An act by the security guard of a Judge that otherwise constitutes an offence
(D) An act of a person of unsound mind

3. In which of following circumstances does the right of private defence of body, subject to restrictions mentioned in Section 99 of Indian Penal Code, 1860, extends to voluntary causing death
(A) An assault with intention of gratifying unnatural lust
(B) An assault which does not cause reasonable apprehension of death or of grievous hurt
(C) An assault with intention of committing rape
(D) An assault with intention to kidnapping or abducting

4. An unlawful assembly constituted in the meaning of Section 141 of Indian Penal Code, 1860 is comprising of:-
(A) Two and more persons
(B) Five and more persons
(C) Three and more persons
(D) None of above

5. A threatens Z that he will keep Z’s son in wrongful confinement unless Z will sign and deliver to A a promissory note binding Z to pay certain money to A, Z signs and delivers the note to A. What offence is committed by A
(A) Dishonest misappropriation of property
(B) Robbery
(C) Extortion
(D) Criminal breach of trust

6. Who cannot claim maintenance under Section 125 of Criminal Procedure Code, 1973 from a person having sufficient means, who neglects or refuses to maintain him/her: –
(A) Father and mother unable to maintain themselves
(B) Illegitimate minor child unable to maintain himself
(C) Wife unable to maintain herself
(D) Brother unable to maintain himself

7. A complaint becomes a First Information Report:-
(A) When the same is presented before a court for registration
(B) When it is sent to police for investigation under Section 156(3) of Criminal Procedure Code, 1973
(C) When statement of complainant is recorded by the court under Section 200 of Criminal Procedure Code, 1973
(D) When statements of witnesses produced by complainant are recorded under Section 202 of Criminal Procedure Code, 1973

8. Which of the following courts can transfer a criminal ease, pending in a court of one district, to a court of another district:-
(A) Court of Sessions of the district where such case is pending
(B) Court of Sessions of the district where such case is sought to be transferred
(C) High Court of the State
(D) None of the above

9. According to provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, whoever contravenes any provision of said Act or any Rule framed or Order issued or any condition of license granted there under, involving small quantity of contraband, how much sentence for such an offence, can be awarded to him on his conviction: –
(A) Rigorous imprisonment for a term which may extend to ten years and a fine which may extend to one lac rupees
(B) Rigorous imprisonment for a term which may extend to six months and a fine which may extend to ten thousand rupees or with both
(C) Rigorous imprisonment for a term not less than ten years which may extend to twenty years and shall also be liable to pay fine, which shall not be less than one lac rupees, which may extend to two lac rupees
(D) None of the above

10. According to Notification issued by the Central Government under Section 2 of the Narcotic Drugs and Psychotropic Act, 1985, what is small and commercial quantity of opium
(A) 25 grams and 2.5 kilograms respectively
(B) 1 kilogram and 25 kilograms respectively
(C) 50 gram and 5 kilograms respectively
(D) 100 gram and 10 kilograms respectively

11. Can a person belonging to schedule caste, be convicted for committing any of offences enumerated in Section 3 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act of 1989, if victim thereof happens to be a member of schedule tribe:
(A) No
(B) Yes
(C) May be
(D) None of the above is correct

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

13. 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) May be
(D) Yes, with permission of the High Court

14. The upper age limit up to which a child having committed offence is considered to be a juvenile is:-
(A) 16 years
(B) 18 years
(C) 15 years
(D) None of the above

15. Whoever with intent to threaten unity, integrity, security or sovereignty of India or to strike terror in any section of the people commits offence of cyber terrorism punishable under Section 66-F of the Information Technology Act, 2000, shall be sentenced to:-
(A) Imprisonment for a term which may extend to ten years
(B) Imprisonment for a term which may extend to seven years
(C) Imprisonment for life
(D) Death sentence

16. Which of following statements of law, according to provisions of Electricity Act, 2003, is correct:-
(A) No court shall take cognizance of an offence punishable under the said Act except upon a complaint in writing made by appropriate government or appropriate commission
(B) Notwithstanding anything contained in Criminal Procedure Code, 1973, the appropriate government or any officer authorized by it may accept a sum of money by way of compounding the offence in the said Act
(C) Whoever abates an offence punishable under the said Act, shall, notwithstanding anything contained in the IPC, be punished with the imprisonment provided therein for such offence
(D) All the above statements are true

17. According to Section 4 of the Prevention of Corruption Act, 1988, the offences under the provisions of the said Act, are triable by:
(A) Court of Sessions
(B) Court of Special Judge
(C) Court of Chief Judicial Magistrate
(D) Court of Additional Sessions Judge

18. Investigation into an offence under Prevention of Corruption Act, 1988 committed by members of All India Services shall be supervised by:-
(A) Director General of Police, Anti Corruption Bureau
(B) Central Vigilance Commissioner
(C) Inspector General of Police. Anti Corruption Bureau
(D) Investigating Officer concerned

19. What is the object of cross-examination of a witness?
(A) to destroy or weaken the evidentiary value of the witness of adversary party
(B) to elicit facts in favour of cross-examining lawyer’s client from the mouth of witness of adversaiy party
(C) to show that witness is untrustworthy by impeaching his credibility
(D) All the above are correct

20. A informs B that he had heard from X that Z has committed murder of C few days ago. Evidence of B when examined as a witness in court, would be considered as:-
(A) Direct evidence
(B) Hearsay evidence
(C) Circumstantial evidence
(D) Expert evidence

PART-B
SUBJECTIVE/NARRATIVE

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. What is the right of private defence of person and property, and what are the limitations within which such right can be exercised?

2. Write a short note on the significance of cruelty or harassment to woman “soon before her death” and the fact that death has taken place “within seven years of her marriage”. Discuss in the context of Section 304-B of the Indian Penal Code, 1860 and Section 113-B of the Indian Evidence Act, 1872.

3. What is the distinction between offence of ‘attempt to commit murder’ under Section 307 of the Indian Penal Code, 1860, and ’attempt to commit culpable homicide’ under Section 308 of the Indian Penal Code, I860?

4. Write a short note on the law relating to ‘public nuisance’ under Section 268 of Indian Penal Code, I860, and Section 133 of Criminal Procedure Code, 1973

5. What is Test Identification Parade of accused and its evidentiary value? Discuss with reference to relevant provisions of Criminal Procedure Code, 1973, and Indian Evidence Act, 1872.

6. What are the objects of setting up observation home, special home, children’s home and shelter home under the Juvenile Justice (Care and Protection of Children) Act, 2000?

7. What are the objects of the Probation of Offenders Act, 1958 and the duties of the Probation Officer there under?

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 servant1 and ‘giving false evidence on oath1?

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. Distinguish any two of the following:-
(A) Dishonest misappropriation of property and criminal breach of trust
(B) Robbery and dacoity
(C) Wrongful restraint and wrongful confinement
(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. Kanhaiya Lai enters into an agreement with Mohan Lai to sell his residential plot measuring 300 square yards for consideration of Rs.5,00,000/- and receives a sum of Rs.50,000/- in advance as token money. Subsequently when land prices escalate, Kanhaiya Lai executes another agreement to sell the said plot in favour of Govind Narain for a consideration of Rs. 10,00,000/-, to which Narottam and Vinod Kumar sign as witnesses, and Kanhaiya Lai receives a sum of Rs. 1,00,000/- in advance. He does not disclose the fact about earlier agreement executed by him in favour of Mohan Lai. Coming to know about this, Mohan Lai files a suit for specific performance against Kanhaiya Lai and obtains an injunction order from the court whereby he (Kanhaiya Lai) is restrained from executing sale-decd in favour of Govind Narain. At this stage, Govind Narain lodges a first information report against Kanhaiya Lai. Police, after investigation, files charge-sheet against Kanhaiya Lai whereupon the court frames necessary charges and proceed with trial on denial of the charges by Kanhaiya Lai. The prosecution examines Govind Narain, Narottam, Vinod Kumar and the Investigating Officer in support of its case. The accused is afforded opportunity by the court to explain the circumstances appearing against him in prosecution evidence. Final order is passed by the court. Write a judgment briefly discussing as to for what offence Kanhaiya Lai is charged and ultimately what order is passed, either of acquittal or of conviction, giving reasons there for.