Code of Criminal Procedure

Q 1. The wife filed an application under section 125 Cr. P.C. against her husband claiming mamtenance in a court at Delhi on 24.06.1988. Prior thereto, she had sent a notice also, to him, in April 1988. The husband filed a petition under section 9 of the Hindu Marriage Act, 1955 in a court at Varanasi in May, 1988, and obtained an ex-parte decree for restitution of conjugal rights against his wife. In the proceedings under section 125 of the Code, the husband pleads that the said ex-parte decree is binding upon the Criminal Court, which decree establishes that his wife had refused to live with him without sufficient cause, and as such, the wife is not entitled to the grant of any maintenance. Declde- [DJS 1990]

F, a married lady, develops intimacy with M. On her representation that she had divorced her husband, in a customary ceremony, F and M start living together. After staying together for about seven months, they part ways. Within the next three months, F delivers a child C. An application is filed by F for herself and for the child C for ' mamtenance from M under Section 125 Cr.PC. M disputes that F is his wife and he also disputes the paternity of C. He admits having lived with F but contends that F had a subsisting marriage and could not be his wife. The evidence lacked her claim of r having divorced her husband before she started living with M. Decide only the question of entitlement to maintenance of each of the two applicants under the Cr.PC. Further, would it make any difference to the outcome of the application if F had been unmarried at the time she started living with M. [DJS 2006]

Q. 2. Ramesh, an Engineer earning Rs. 35,000/- per month has deserted his non-working wife and two school going children who live with his wife's parents. She makes an application under Section 125, Cr.P.C for maintenance of herself and two children. Ramesh has to maintain his old parents and invalid sister. Decide her application. [DJS 2007]

Q 3.  Who  are the persons who can claim maintenance under Section 125, Cr.P.C? What are the factors which are to be kept in view while granting maintenance? Can the Court award interim maintenance? How the orders of maintenance passed under Section 125, Cr.P.C can be enforced? Discuss. [DJS 2008]

Q 4. Write Short notes on Right of the married minor daughter to claim maintenance from Q‘ the father {DJS 2014l

Q 5.  a Hanafi Muslim had married Hamid, after she had been divorced by her first 48 hh'nd yusvf. Ste a daughter. Hina, now aged six, from her first husband. Due tophysic'al violence inflicted on her by Hamid, Amina has been forced to shift to her grandfather's house along with her daughter, as both her parents are no more. She is unemployed and has studied only upto class X. Her grandfather is a retired railway station master and has to support his treatment for cancer as also his aged wife. In this background, Amina has filed a petition under Section 125 Cr.P.C. claiming maintenance from Hamid for herself and her minor daughter. When the nikahnama was drawn up between Hamid and Amina, Hamid undertook to bring up Hina as his own daughter, though Yusuf, the biological father, is alive. Hamid has two tempos which he hires out and earns about Rs. 1,50,000 per month. He has two drivers and one cleaner and one helper. 

Hamid contends that the petition is not maintainable. Decide with case law. Would Hamid be liable to maintain Hina? What is the quantum of mamtenance thal. Mi be granted and to whom and why? Give reasons for your decision.

Q.6. Write short note on Interim maintenance [MPJS 2009]

Q.7.Write short notes on Ex Parte maintenance order [MPJS 2010]

Q.8 Describe the law and procedure for maintenance of wife, children Cr P C. [UPJS 1988]

Q.9 Under what circumstances can a wife claim maintenance from her husband? Is a married woman entitled to claim maintenance from her father? [UPJS 2012J

Q.10 Discuss the provisions related to maintenance of wife, children and parents under the Code of Criminal Procedure.

Q.11 A Muslim husband W contracts a second marriage. His first wife Z claims separate residence and maintenance under the Criminal Procedure Code. W pleads‘ defence of his personal law which permits him to take more than one wife. Decide. [UPJS 2016J

Q.12 The wife filed an application under section 125, Cr. P.C. claiming maintenance for herself as also minor daughter alleging that at the time of her marriage with the respondent some time in 1981, the fact that the respondent was already married and his spouse was living was not known, and that after the discovery of the previous marriage of the respondent the relationship between the parties gradually became strained and ultimately the respondent started totally neglecting the applicant and the minor daughter and refused to maintain them. The respondent denied his liability to pay any maintenance, and pleaded that the applicant was fully aware about his first marriage and the fact that his first wife was living at that time. Decide. [DJS 1990]

Q. 13. A wife, applies and gets maintenance fixed for herself and her new-bom child The husband denies paternity and applies to the court for blood group test of the mother and the child and his own. Write a reasoned order. [DJS 1996]

Q.14 . When a person is having two or more sons, explain his right to claim mairuex

Public Nuisances (Ss. 133-143)

Q.1 . Explain the Cr.P.C. provisions regarding conditional order for removal of Public Nuisance. [HPJS 2018]

Q. 2. Write short note on Conditional order for removal of nuisance under the Code of Criminal Procedure, 1973. [RJS 2016]

Urgent Cases of Nuisances and Apprehended Danger (Ss. 144-148)

Q. 1. Elaborate the powers of a Magistrate under section 145, CrPC and procedure prescribed. [HJS 2022]

Q. 2. Under what circumstances is a Magistrate empowered to take action in connection with disputes concerning immovable property under Section 145 of the Code of Criminal Procedure, 1973? Explain. [UPJS 2018]

Q. 3. Discuss the powers of the District Magistrate under Section 144 of the Code of Criminal Procedure, 1973. [UPJS 2018]

Q. 4. Give a brief account of the procedure to be adapted regarding the dispute relating to immovable property. [JJS 2017]

Q 5. Discuss the powers of Magistrate to issue order in urgent cases of nuisance or apprehended danger. Refer to decided cases, if any, on the subject. [HJS 1998]

Q. 6. How would a Magistrate deal with a situation when he finds that a dispute concerning a piece of land between the two parties is likely to cause a breach of peace? [BJS 1975, HJS 1998]

Q. 7. How long does an order, passed under Section 144, Cr.P.C. remain in force? [RJS 1984]

Q. 8. What is the question which an Executive Magistrate can decide in a proceedings under Section 145, Cr.P.C. relating to a dispute concerning land which is likely to cause breach of peace? [RJS 1984]

Q. 9. What topics have been dealt with in Sections 145 and 146 of the Code of Criminal Procedure, 1973? [RJS 1986]

Q. 10. Describe the procedure to be followed by the Magistrate where dispute concerning land or water is likely to cause breach of peace. [RJS 1991]

Q. 11. Describe the procedure to be adopted in case of dispute concerning right of use of land causing or likely to cause breach of peace. [RJS 1991]

Q. 12. Give a short account of the law under Section 145 of the Cr.P.C. in regard to procedure ; to be adopted in the case of a dispute as to immoral property. Do you agree with the view that proceedings under Section 145 are only preventive and quasi judicial and quasi-administrative in nature, their object being to prevent breach of peace and maintain tranquility? Refer to cases. [UPJS 1982]

Q. 13. Give a brief account of the procedure to be adopted under Section 145 Code of Criminal Procedure regarding the disputes relating to immovable property. [UPJS 1985, 2012]

Q. 14. What procedure a magistrate has to follow when there is a dispute regarding possession of immovable property giving rise to apprehension of breach of peace? What is the scope of such proceedings? [HJS 1986]

Preventive Action of the Police (Ss. 149-153)

Q. 1. Write a brief note on the preventive action of the police under the Cr.P.C. [HPJS 2016]

Q.2.  What is preventive arrest? Whether and in what circumstances it is competent for a police officer to arrest a person without a warrant? Is it permissible to detain such person in police custody beyond twenty-four hours? [BJS 2014]

Q. 3. Discuss the powers of the police regarding prevention of offences. [RJS 1991]

F.I.R. & Investigation (Ss. 154-176)

Q. 1. Whether the right to "default bail" get extinguished by subsequent filing of charge-sheet by police? Explain through case law. [MPCJ 2022]

Q. 2. Is there any presumption of correctness attached to the confessional statement recorded under section 164 of the Code of Criminal Procedure, 1973 by the Magistrate? [DJS 2022]

Q.3. A police report forwarded to the Magistrate under section 173(2) of the CrPC stated that a person Om Prakash has committed an offence. A protest petition was also filed referring to some statements recorded under section 161, CrPC whereby it was suggested that another person named Sanjiv is also involved in the crime. Magistrate took cognizance under section 190(l)(b), CrPC and issued process against both the persons. Sanjiv has challenged the order on the grounds that Magistrate should, have followed the procedure under section 200, CrPC before issuing process against him and he acted on the protest petition. Decide and give reasons. [HJS 2022]

Q. 4. Bail under section 167(2) of the Code of Criminal Procedure, 1973. [Guj JS 2020]

Q. 5. How is the power of a Magistrate to order a police investigation under Section 156(3) of the Code of Criminal Procedure, 1973 different from the power to direct investigation conferred by Section 202(1) of the Code of Criminal Procedure, 1973? [HJS 2019]

Q. 6. What are the options before the Magistrate when a final report is filed? During the course of trial, the evidence revealed that the investigation officer was not truthful with the investigation and the real offender was not brought before the court. The Magistrate suo motu ordered further investigation. State the legality of the action by the Magistrate. [HJS 2019]

Q.7. Elucidate the powers of a police officer to conduct further investigation under Section 173(8) of the Code of Criminal Procedure after filing of the police report under Section 173(2) of the Code of Criminal Procedure. Whether a Magistrate can direct re-investigation or investigation de-novo? [DJS 2019]

Q. 8. Write short note on Object and evidentiary value of inquest report. [DJS 2019]

Q. 9. Write short note on Protest Petition - procedure to be followed. [DJS 2019]

Q. 10. Write short note on Can an accused move an application for recording his confessional statement under section 164 of the CrPC? [DJS 2019]

Q. 11. Distinguish between 'Police custody' and 'Judicial custody'. [Punj JS 2019]

Q. 12. Write short note on Diary of Investigation proceedings and its importance in evidence. [Punj JS 2019]

Q. 13. Write short note on Police officer's report after completing Investigation.[Punj JS 2019]

Q. 14. Write short note on Inquest Report. [Punj JS 2019]

Q. 15. An army officer's dead body was found on the railway track. The Court of inquiry submitted a report that the deceased officer had committed suicide. The father of the deceased alleged that it was a case of murder and not suicide as his son (now deceased) had come to know some cases of corruption in the Army and had made oral complaints to the superior and hence was murdered. The father wants the case to be investigated by the Central Bureau of Investigation. Decide the matter citing relevant case law. You are also required to briefly discuss the process of investigation envisaged in the Criminal Procedure Code, 1973. [HPJS 2019]

Q. 16. The FIR under section 154 Cr.P.C. is not to be an encyclopaedia. Explain with help of case law. [HPJS 2018]

Q. 17. Object and evidentiary value of inquest report. [DJS 2018]

Q. 18. Relevance and effect of absence of name of the accused in the First Information Report. [DJS 2018]

Q. 19. Importance, relevance and evidentiary value of police diaries in criminal trial. [DJS 2018]

Q. 20. Discuss the evidentiary value of a statement recorded by the police under Section 161 of The Code of Criminal Procedure, 1973. [Guj JS 2017]

Q. 21. An. admission by the witness that what is stated in his previous statement recorded under Section 164 of The Code of Criminal Procedure, 1973, is true, would not have the effect of making the entire statement admissible. Explain [Guj JS 2017]

Q. 22. Write short note on Statements under Section 164 of the Code of Criminal Procedure, 1973, their admissibility and value. [Guj JS 2017]

Q. 23. Before ordering further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 the Court is under an obligation to hear the accused. Explain. [Guj JS 2017]

Q. 24. Whether registration of FIR is mandatory under the provisions of the Criminal Procedure Code, 1973? If yes, justify your answer by analyzing the provisions. [BJS 2017]

Q. 25. S, a shop owner, was murdered in his shop. N, a salesman in the shop, was arrested after a fortnight of the incident. N desired to make a confession in the course of the investigation. A Judicial Magistrate took N to the murder spot and asked him a number of questions relating to the crime. He recorded the substance of N's replies and subsequently at home recorded and signed the statement.

Is this confession admissible as a piece of material evidence in terms of section 164? Can the Judicial Magistrate be permitted to prove the confession through his oral testimony? [Punj js 1998]

Q. 26. 'G, was a notorious dacoit. Once he committed robbery on the high-way resulting in death of a lady. He was later on apprehended by the police but no eye witness was available against him. While G was in police custody he was taken up by a Magistrate who did not disclose ; his identity for a stroll and asked a number of questions about robbery. When they came back, the Magistrate recorded them in the form of confessional statement, signed and sent it to the trial judge. The trial judge convicted G of robbery and dacoity on the strength of the statement sent by the Magistrate.

G appealed alleging that the confessional statement recorded by the Magistrate in the manner aforementioned was not admissible, therefore, his conviction must be quashed. Decide whether plea taken by G is correct keeping in view the requirements of recording confession by the Magistrate as per the relevant provisions of Criminal Procedure Code, 1973? Would it matter, if the Magistrate disclosed his identity to G, when he took him for a stroll? [Punj JS 1999]

Q. 27. X goes to the Police Station and narrates the facts and circumstances in which he killed . his girl friend and her brother. The police registered a case under section 302 of Indian Penal Code against X and arrested him. The FIR has four distinct parts: (a) particulars relating to his identity, address etc.; (b) particulars relating to motive and preparations; (c) particulars relating to the actual killing; and (d) particulars relating to after killing conduct such as hiding the dead bodies, concealing the knife and his blood stained clothes.

On the basis of this information, the police recovered the dead bodies, knife and blood stained clothes.

X is on trial and the FIR is the only evidence against him. Decide in the light of the relevant case. [Punj JS 2000]

Q. 28. A was remanded to Police custody on his production before the Magistrate on May 1. However, on May 10 the Police moved another remand application for a period of 15 days. The Police also requested that since A was taken away from the town in connection with investigation his physical presence in the Court be dispensed with. What order can the Magistrate pass in terms of the provisions of section 167 of the Cr.PC.? [Punj JS 2001]

Q. 29. Why is investigation described as: "the executive stage in which there should be no judicial interference? [Punj JS 2001, 2003]

Q. 30. Can the police force any person to make a statement regarding the crime under investigation? Is the maker of the statement bound to sign the statement recorded by . the Police? [Punj JS 2001]

Q. 31. Can the recorded statement be taken to trial stage as such?  [Punj JS 2001]

Q. 32. What are the powers of the Judicial Magistrate under section 173 Cr.P.C.? Is it incumbent upon the Judicial Magistrate to accept the report under section 173 Cr.P.C.? If not, what other orders can be passed? Discuss with reference to section 156(3) Cr.P.C. Illustrate with relevant case law. [Punj JS 2003]

Q. 33. Can the statement recorded by the Police under section 161 Cr.P.C. be taken into consideration by the trial Court? [Punj JS 2003]

Q. 34. X goes to the police station and narrates the fact and circumstances in which he killed his girl friend and her brother. The police registered a case under section 302, IPC against X and arrested him. The FIR has four distinct parts (a) Particulars relating to his identity, address, etc.; (b) Particulars relating to motive and preparations; (c) Particulars relating to the actual killing; (d) Particulars relating to after-killing conduct such as hiding the dead bodies, concealing the knife and his blood stained clothes. X is on trial and the FIR is the only evidence against him. Decide in the light of the relevant case law. [Punj JS 2006]

Q. 35. Referring to statutory provisions, discuss the validity of following:—

Where investigation cannot be completed within 24 hours, the police officer produces the accused before the Executive Magistrate upon whom the power of the Judicial Magistrate has been conferred. Such Magistrate remands the accused to 10 days police custody. [Punj JS 2012]

Q. 36. What are the steps to be taken by a Judicial Magistrate for recording a confession made to him during an investigation? Explain. [BJS 1978]

Q. 37. What is First Information Report and how is it recorded? Discuss its admissibility as evidence. [BJS 1984]

Q. 38. The officer-in-charge of a police station was informed of commission of dacoity on the telephone. He immediately rushed to the spot and recorded the detailed statement of the complainant. Will the statement be treated as FIR? Give reasons. [BJS 1984]

Q. 39. Can a First Information Report made under Section 154 Criminal Procedure Code be used as substantive piece of evidence at the trail? [BJS 1987]

Q. 40. What is the First Information Report? What is its object and importance at the trail? Distinguish it from the statement of a witness in the course of investigation. [BJS 2006]

Q. 41. What is the difference between Sections 156 and 200 of the Code of Criminal Procedure? Explain. [UJS 2001]

Q. 42. Can a Magistrate refuse to admit an accused to bail on the failure of the prosecution to file Final Report/Charge Sheet, against him within the time stipulated under Section 167 of the Code of Criminal Procedure; explain with reference to the latest decision on the subject given by the Supreme Court. [JJS 2001]

Q. 43. Write note on First Information Report. [HJS 1984, 1986]

Q. 44. State the importance of F.I.R. [RJS 1977, HJS 2003]

Q. 45. What are the ingredients of an F.I.R. Is it necessary that F.I.R. should contain all details of manner of occurrence? [HJS 2006

Q. 46. What is the effect of delay in filing F.I.R.? [HJS 2006]

Q. 47. Can a person being examined by a Police Officer investigating a case refused to answer questions relating to such case put to him by such officer? [HJS 2006]

Q. 48. What are the various provisions laid down in the Code of Criminal Procedure, 1973 with regard to the registration of First Information Report (FIR) and the powers of the Police to investigate on that basis? [HJS 2007]

Q. 49. Write brief note on Statements, under Section 164 of CrPC, their admissibility and value. [HJS 2007]

Q. 50. Write brief note on the manner in which statements under Section 161 of CrPC can be used at a criminal trial by the prosecution, the defence and the court. [HJS 2007]

Q. 51. Write brief note on Case Diaries. [HJS 2007]

Q. 52.-‘ Can a person on being examined by a police officer investigating a case, refuse to answer a question relating to such case asked to him by such police officer? [HJS 2010].

Q. 53. "The area covered by Article 20(3) of the Constitution and Section 161(2) of the Criminal Procedure Code is substantially the same. So much so, terminological expansion apart. Section 161(2) is a parliamentary gloss on the constitutional clause." Respond to the statement made by the Supreme Court of India in Nandini Satpathy v. Dani (P.L.) and Another, AIR 1978 SC 1025 and comment on the limits on the power of the police to interrogate and on the meaning of the term 'accused'. [HJS 2013]

Q. 54. Are the provisions of Section 154(1) of Cr.P.C. mandatory? Give reasons for your answer and cite the relevant case law. [HJS 2015]

Q. 55. Who can investigate a cognizable offence? [RJS 1984, 1994]

Q. 56. What is the duty of Court while recording the confession of an accused? What must the Court do if an accused brought before it from police custody for recording of his confession, refuses to do so? [RJS 1984]

Q. 57. Can police remand be granted without actual production of the accused before a Judicial Magistrate? If so, under what provision of law? [RJS 1986]

Q. 58. Can a police officer filing challan be compelled to attach the bonds of prosecution witnesses? If so, under what provisions of law? [RJS 1986]

Q. 59. Can substance of information regarding cognizable offence may be sent by post? If so, to whom? [RJS 1986]

Q. 60. A was arrested in the forenoon of 19-7-1985 for offence u/s 302 I.P.C. A was produced before the Magistrate on 20-7-1985. The investigating officer submitted challan on 17-10-1985. Whether accused A is entitled for bail u/s 167 Cr.P.C. or not? For calculating 90 days, which will be the starting date? [RJS 1986]

Q. 61. A police officer making an investigation may by order in writing require the attendance before himself of any person who from the information given or appears to be otherwise acquainted with the facts and circumstances of the case and such person shall attend as so required. There are certain exceptions to it. Explain them. [RJS 1989]

Q. 62. Define First Information Report. [HJS 1986, RJS 1991]

Q. 63. An accused of murder is in custody. Police could not forward challan against him within 90 days of his committal to custody. On the 91st day the accused applied for bail before the lunch hours of the Court. On the same day, after the lunch, police submitted the . report (challan) against him. Can the application for bail be rejected? [RJS 2011] lgr64. Write short note on Police to inquire and report on suicide. [RJS 2014]

Q. 65. Write brief illustrative notes on the following:

(1) How far previous statements are useable in criminal trial?

(2) Is further investigation possible after the case is committed to the Court of Sessions?

Are there any limitations? [DJS 1976]

Q. 66. During the investigation of a case, A's statement is recorded under section 161, Cr. P.C. At the trial, A is not examined as a prosecution witness but the accused examines him in his defence. In his cross-examination by the State, the Prosecutor wants to contradict A by reference to his said statement recorded section 161, Cr.P.C. The defence object to it. Decide the objection. [DJS 1990]

Q. 67. During his cross-examination by the defence, a prosecution witness admits (i) that he had signed his statement recorded under section 161, Cr.P.C. and (ii) that his said statement was read over to him by the Police Officer outside the court room before he entered the witness-box. It is contended by the defence that the entire testimony of this witness be excluded from consideration. Decide this plea. [DJS 1990]

Q.68. What is the scope and nature of "Case Diary” to be kept under section 172 of Code of Criminal Procedure 1973, and the limitation imposed on it's use, if any, may be indicated. [DJS 1991]

Q. 69. Customs Officers intercepted a car being driven by A and recovered some packets of brown colour powder suspected to be narcotic drug. A was arrested and produced before the Metropolitan Magistrate who rendered him to judicial custody. After two t. days, the Custom Officer applied for custody of the accused for interrogation, with liberty to lodge him with X police station. The application is opposed on the grounds: (1) that section 167 Cr.P.C. contemplates only two types of custody judicial and police and the Customs Officers are not Police Officers, and (2) that once the accused has been remanded to judicial custody, the Magistrate has no power under section 167 of the Code to remand him to any other custody. It is not disputed that the customs officers are not Police Officers within the scope of the Code. Decide. [DJS 1991]

Q. 70. Can a statement under section 161 Cr.P.C. be confronted to the witness, when he deposes before the court, if other statement is signed by him? [DJS 2000]

Q. 71. Apart from the investigating officer, can a Prosecutrix approach the Magistrate directly for recording her statement under section 164 Cr.P.C. during the course of investigation? [DJS 2000]

Q. 72. Write a note on the procedure to be followed for recording the confession of an accused under section 164 of Cr.P.C. [DJS 2005]

Q. 73. A & B have been arrested for the offence of murder of one C punishable u/s 302 read with Section 34 IPC and were remanded to custody from time to time for a total period of 90 days, out of which 3 days were in police custody and 87 days in judicial custody. As the investigation could not be completed within the stipulated period of 90 days, on the 91st day a plea for the release of A & B on bail is made. The court issues notice to the State through Public Prosecutor and fixes the matter for consideration and hearing for the next day. On the next day police files report u/s 173 Cr.PC with a foot-note that the reports of chemical examiner and serologist in regard to certain material exhibits are awaited and shall be filed soon after their receipt. Public Prosecutor opposes the plea of A & B for statutory bail u/s 167 Cr.P.C.

Decide the plea of A & B. Would it make any difference if there was no foot-note in the report? [DjS 2006]

Q. 74. Write a short note on Statements recorded under Section 161 and 164 Cr.P.C. [DJS 2008]

Q. 75. Registration of FIR to filing of charge-sheet in a non-bailable offence. Discuss the stages. [DJS 2010]

Q. 76. Procedure to be followed and precautions to be taken by a Magistrate while recording confessions under Section 164 of the Code of Criminal Procedure, 1973. [DJS 2011]

Q. 77. Options available to a Magistrate when a closure/cancellation report is filed by the investigating agency in a criminal case. [DJS 2011]

Q. 78. A is arrested on the charge of murder punishable under Section 302 IPC. The allegation is that he had intentionally run his car over his neighbour B and killed him. A is remanded to judicial custody from time to time for a total period of 90 days out of which he was in police custody for 10 days and in judicial custody for 80 days. The investigation could not be completed within 90 days. The lawyer for A files an application for bail on his behalf on the 91st day praying A be released on bail and he was willing to abide by any condition for bail imposed by the court. The court fixed the hearing of application for bail after a week. On the next day (92nd day) the police files the chargesheet under Section 173 Cr.P.C. stating that the report of the serologist with regard to the blood found on the wheels of the car of A was still awaited and would be filed shortly. Decided the bail application of A while also discussing the purpose of granting bail. [DJS 2015]

Q. 79. Describe the different orders that can be passed by Magistrates under Section 167 of Criminal Procedure Code 1973? [MPJS 2004]

Q. 80. What precautions should a Magistrate take in recording a confession under Section 164 of the Code? Whether the Court can convict an accused on confession made in the " examination under Section 313? [MPJS 2009]

Q. 81. What is First Information Report? Discuss its evidentiary value and give one example on the basis of case law, in which the delay in lodging the FIR has been treated as insignificant. [MPJS 2011]

Q. 82. How to exercise the power of arrest? Explain duty of Judicial Magistrate in exercise of power under Section 167 Cr.P.C. [MPJS 2014]

Q. 83. Are statements made to a police officer during the course of investigation admissible in evidence? If so, for what purposes? [UPJS 1984]

Q. 84.  Who can record the confession of an accused? What precautions should be taken by him in recording the confession? [UPJS 1984]

Q. 85. Distinguish between Police Report and First Information Report. [UPJS 1988]

Q. 86. Explain 'judicial custody'? Is there any period of time fixed for detaining the accused in judicial custody. [UPJS 1988]

Q. 87. What are the provisions under Criminal Procedure Code for the investigation which is not completed within 24 hours? [UPJS 1992]

Q. 88. State the law of "remand" prescribed in Section 167 of the Code of Criminal Procedure, 1973. [UPJS 1997]

Q. 89. Referring to statutory provisions, discuss the validity of the following:

Where investigation cannot be completed within 24 hours, the police officer produces the accused before an executive magistrate upon whom the power of a Judicial Magistrate has been conferred. Such Magistrate remands the accused to 10 days police custody. [UPJS 1999] 

Q.90. Discuss the procedure of investigation by Police in cases of suicide or suspected death of victims. [UPJS 2006]

Q. 91. An incident of murder happens under the jurisdiction of a Police Thana. The Police Thana in-charge starts investigation in the case. The aggrieved party approaches the concerned Judicial Magistrate to complain against the irregularities being committed by the Police Thana in charge during investigation. Can Magistrate order to stop investigation? If yes, when can he do so? Give reasons. [UPJS 2006]

Q. 92. Discuss briefly the distinction between the procedure of investigation by a police officer in cognizable and non-cognizable offences. [UPJS 2013]

Q. 93. An incident of murder happens within the jurisdiction of a police station. The police station in-charge starts investigation in the case. The aggrieved party approaches the concerned Judicial Magistrate to complain against irregularities being committed by the police station in-charge during investigation. Can the Magistrate order to stop further investigation in the case? If so, then how? Answer with reasons. [UPJS 2016]

Q. 94. What is First Information Report? Discuss its evidentiary value? What is the difference between FIR and the complaint? [UPJS 2000, MPJS 2019]

Q. 95. Can an anonymous telephonic message, that is first in point of time but does not clearly specify a cognizable offence having been committed be treated as the First Information Report? [HJS 2007]

Q. 96. Can a police officer refuse to register a First Information Report on the ground that the said police station does not have territorial jurisdiction over the place of crime? [HJS 2007]

Q.97. Is the First Information Report a substantive piece of evidence or can it only be used to corroborate the statement of the maker? [HJS 2007]

Q. 98. Is it mandatory that the names of all witnesses be mentioned in the First Information Report? [HJS 2007]

Q. 99. Write a detailed note about the procedure given in the Code of Criminal Procedure, 1973 when investigation cannot be completed in 24 hours. [RJS 2015]

Q. 100. A is arrested in a case for commission of offence punishable under Section 302 of the Indian Penal Code on Sth April 2018. He is subsequently remanded to police/judicial custody from time to time. The complainant moves the High- Court for a fair and impartial investigation. On the assurance of the Public Prosecutor that investigation would be conducted by an officer not below the rank of Assistant Commissioner of Police (ACP) and the report of the investigation with the opinion of the Investigation Officer (IO) shall be filed within two months, the High Court disposes of the petition on 03.07.18.

On 05-07-18, the police officer files a report under Section 173 of the Code of Criminal Procedure before the Metropolitan Magistrate (MM). Since the report was filed by a police officer below the rank of ACP contrary to the order dated 03.07.18, the accused filed an application for statutory bail under Section 167(2) of the Code of Criminal Procedure which was dismissed by the MM observing that the order dated 03.07.18 of the High Court was an extension of the period within which the investigation could have been completed. The appellant challenges it before the High Court. Decide. [DJS 2019]

Q.101 A gang of goons Were in the habit of terrorizing a residential colony in New Delhi.

They would demand money from shop-owners and residents. They would harass girls of the locality and would pass unsavoury comments. Being fed up with the gang, a group of young students from the same locality decided to unite and resist the gang. On 11-7-2013, when the gang had come to the colony again to demand money, a fight broke out between the goons and the students. A who was a witness to the ongoing fight, rushed to the nearest police station and informed X, the officer-in-charge about the ongoing fight. Upon hearing that the fight was going on, X immediately rushed to the place with a troop of constables and arrested a number of goons. He recorded statements of B and C, who of the students involved in the fight and also of F, G, H and I, the residents of the colony.

Decide which of the above can be treated as FIR in this case. [Punj JS 2013]

Q. 102. The petitioner was arrested by the police on 15.10.1989 for an offence under section 307, > IPC. He was remanded to judicial custody on 16.10.89 till 30.10.1989 by the Magistrate. ! ' On 30.10.1989 the Magistrate was on leave and the remand was extended till 10.11.1989 J under the signatures of the Reader of the court. Thereafter, the remand was extended from time to time by the Magistrate. On 11.01.1990 the charge sheet was filed and cognizance taken. When the accused was produced before the Magistrate on 16.10.1990, a bail application under section 167 (2), Cr.P.C. was moved on the grounds (i) that the detention of the accused between 30.10.1989 to 10.11.1989 was illegal, and (iii) that the Magistrate could not take cognizance on 11.01.1990 in the absence of the accused and the cognizance can be said to have been taken on 16.01.90 when the accused has been produced. Decide. [DJS 1990]

Q. 103. Can a bail granted under Section 167(2) of Cr.P.C. be cancelled by the Magistrate suo motu on presentation of challan report under Section 173, Cr.P.C. against the accused? [HJS 2010]

Q. 104. Locus standi in a Protest Petition: Can it be entertained after acceptance of the closure report ? [DJS 2010]

Q. 105. What do you understand by a deferred chargesheet or final report.

A magistrate on perusal of a deferred chargesheet thinks that the police should have put up a chargesheet or challan against an accused. How is the magistrate to proceed 1 in the matter? [RJS 1974]

Q. 106. A confessional statement of an accused is recorded in open court by an Executive Magistrate. During prosecution, the accused challenges the validity of the said confession on the ground that he was not examined by the Magistrate recording his confession Decide. [RJS 1999]

Q. 107. The police arrest a pickpocket X on 15th March 2005. He is produced before you on 16th March 2005 with a request for Police Custody Remand on the ground that he has made a disclosure statement about an earlier theft committed by him and has stated that he could get the stolen property recovered from the place where he has hidden it. On the other hand, X pleads for grant of bail and states that he was tortured while in Police Custody. He has visible fresh injury marks on his person. What would you do? [DJS 2005]

Q. 108. Mention the situation in which release on bail of an accused in custody is mandatory under Criminal Procedure Code.

Q. 109. On receiving a report in the morning of 18-4-1971 about house breaking by night in order to commit theft, when the Sub-Inspector of Police reached the spot of occurrence, he found the foot-prints of a certain person thereon. The tracker opened that the foot-prints were of a previous convict Rehman. The Sub-Inspector arrested Rehman in the afternoon of that very day and even though ornaments worth Rs. 7000/- had been stolen from the broken house, no close of the stolen ornaments was available till afternoon of the next day. Rehman was thereupon forwarded by the Police to the magistrate having jurisdiction in the afternoon of 19-4-71 with a report that stolen articles, having not been recovered, detention of Rehman be authorised in the police custody for 14 days more. A bail application was moved on behalf of Rehman that there being no material evidence against him except that of a tracker, which was a very weak one, he should be released on bail. There was no other evidence on the record for connecting Rehman with the offence except that of the tracker. Write an appropriate order on Police report and the bail application. [RJS 1971]

Q. 110. Distinguish between Complaint and First Information Report. [UPJS 1991]

Q. 111. X is produced before you on 11.10.1999 on the allegations that he was arrested on 10.10.1999 in case FIR 301/99, under section 25 Indian Arms Act for being found in possession of a prohibited knife; during interrogation he made confession in regard to an incident of robbery which he had committed alongwith Y on the night of 29th September, 99 and offered to get recovered the robbed articles and get arrested Y from Sonepat. Police prayed for two days police remand to enable them to arrest Y and recover the robbed articles. On the other hand a plea for release of X on bail was made on the ground that he is innocent and has been falsely implicated because he refused to take two police officials in his auto rickshaw and that he was in fact detained at the police station since 08.10.99 and was given beating and his signatures obtained on blank papers. Case diaries showed the confessional statement of X.

Decide the pleas of the police and X. [Section 167, CrPC deals with the procedure when investigation cannot be completed in twenty four hours]

[Section 437, CrPC lays down when bail can be taken in case of non-bailable offences]. [DJS 1999]

Q. 112. Write short note on Custodial Violence & Custodial Death and Powers of the Judicial Magistrate First Class. [Guj JS 2017]

Q. 113. On a complaint given by the mother of victim A (aged 25 years), the police registers an FIR under section 376, IPC against the accused. The victim A supports the allegations in her statement under section 161 of the CrPC. But in her statement under section 164 of the CrPC before the Magistrate, she does not support the allegations and claims that family disputes were given a colour of criminal offence. Later on, her supplementary statement under section 161 of the CrPC was recorded, wherein she reaffirmed her initial version and claimed that she had given statement under section 164 of the CrPC in perplexed mental condition. In view of conflicting versions, the police files charge¬sheet against the accused alleging offence under section 376, IPC. Whether the Magistrate would take cognizance of the offence? [DJS 2019]

Q.114. Investigation is the backbone of a criminal trial. And you as a judge are confronted with a factual matrix which shows that there has been designedly defective or improper investigation against the cannons of criminal jurisprudence. What would be the scope of your enquiry and your final decision? [Punj JS 2015]

Q. 115. A girl was kidnapped and a written report was submitted before the officer-in-charge of the concerned police station who sat light over the matter. Only when the Superintendent of Police was moved, a FIR was registered but still no steps were taken either for apprehending the accused or recovery of the minor girl. Discuss the Magistrate's power here, if any. Also discuss the present legal position with the help of case law regarding registration of FIR. [HPJS 2019]

Q. 116. "During a criminal trial, the counsel appointed by the victim takes over the prosecution from the State Prosecutor". Examine the same in the light of the legal provisions. [TNJSE 2020]

Q. 117. Elucidate the importance of registration of FIR and the validity of more than one FIR is one case. [TNJSE 2020]

Q. 118. Distinguish "further investigation" and "re-investigation". Discuss the powers of police. Court and the De-Facto Complainant's right in seeking "further investigation" in pre and post cognizance stage. [TNJSE 2020]

Q. 119. When the Magistrate receives a closure report and a protest petition. Explain the procedure to be adopted by the Magistrate. [TNJSE 2020]

Q. 120. "Non-Submission of charge-sheet within prescribed period of limitation even in pandemic situation would entitle an accused to get bail under Section 167(2) of Code of Criminal Procedure even in heinous offences" - Discuss. [TNJSE 2020]

Q. 121. Investigating Officer submitted several documents along with the final report. But during trial, the prosecution failed to mark the documents. Explain the consequences with the help of legal propositions? [TNJSE 2020]

Q. 122. Write detailed note on FIR is not a substantive piece of evidence. [JJS 2019]

Q. 123. What is the evidentiary value of FIR and in what cases FIR may become substantive evidence? [HJS 2011]

Q. 124. Mr. A commits a sexual offence on a child aged 14 years and has been charged under section 14(5) of the POCSO Act, 2012 for which the minimum imprisonment is 8 years but may extend to 10 years. He is under custody but the police did not file the charge sheet even after 70 days. Explain with the help of relevant case laws whether he is entitled to default bail under section 167(2) of the Cr.P.C? [Punj JS 2019]

Jurisdiction of Court in Inquiries and Trial (Ss. 177-189)

Q. 1. Every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed (Section 177 Cr.P.C.). Are there any exceptions to the above rule? Discuss. [DJS 1989, UPJS 1997, JJS 2001, Punj JS 2003]

Q. 2. What are the provisions of the Criminal Procedure Code regarding the place of trial in criminal cases? What is the correct place of trial in the following case:

A is charged and tried at Delhi with wrongfully concealing a kidnapped person. The kidnapping took place at Delhi but the concealment occurred in Simla. [BJS 1987]

Q. 3. State with reasons which of the courts shall have jurisdiction to try the cases arising out of the following facts:

(a) A is kidnapped from Lucknow and is recovered from a house in Kanpur.

(b) Injuries were caused to X at Lakhimpur. He dies of those injuries at Kanpur where he was brought for treatment.

(c) A dacoity was committed in town Patna, the dacoits were arrested at Dhanbad, the looted property was recovered from a goldsmith at Gaya. [HJS 1986]

Q. 4. Where an offence is continuing one and continues to be committed in more local areas than one. Determine the place of trial. [HJS 2010]

Q. 5. A boarded the train at Patna. Scuffle between A and B ensued in the compartment somewhere between Lucknow and Moradabad, where B got down. On reaching Delhi, A broke his journey and lodged FIR against B. Determine the place of trial. [HJS 2010]

Q. 6. A kidnapped a girl in Delhi and took her to Bombay where he cheated her of her ornaments. Can A be tried in Delhi for the offence of cheating? [RJS 1969]

Q. 7. A is wounded in the State of Madras, and dies of his wounds in Poona. Can the offence of causing A’s death be inquired into and tried in Poona? [RJS 1969]

Q. 8. What court has jurisdiction in the case of an offence committed on a journey by train from Jaipur to Bombay? [RJS 1969]

Q. 9. A stole B's watch at Delhi and sold it to C at Calcutta. Can C be tried at Delhi for the receipt of stolen property? [RJS 1969]

Q. 10. A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur and detained at Jaipur. Whether the offence of kidnapping may be tried at Bharatpur and Jaipur? [RJS 1986]

Q. 11. A is travelling from Delhi to Bombay by train. During the night his suit-case is stolen. The theft is discovered at Bombay. B is caught with the stolen suit-case at Jaipur. Where B can be tried for theft? [RJS 1991]

Q. 12. Describe briefly the rules governing territorial jurisdiction of criminal courts in inquiries and trials. [MPJS 2006]

Q. 13. A dispute regarding exercise of criminal jurisdiction arises between two courts of different states. State as to which court shall resolve the said dispute? [RJS 1999]

Q. 14. What is the jurisdiction of the Criminal Courts in enquiries and trials under the Code of Criminal Procedure, 1973? [UPJS 2018]

Q. 15. Where the offence has been committed in train during journey between Kolkata and Prayagraj. What will be the venue of trial? Decide: [UPJS 2018]

Q. 16. Where the offence has been committed in the nature of cheating through letters between two persons situated at Meerut and Agra. What will be the venue of trial? Decide: [UPJS 2018]

Q. 17. Where a boy is kidnapped from Prayagraj and first taken to Mumbai and then to Guwahati. What will be the venue of trial? Decide: [UPJS 2018]

Q. 18. A abets B at Prayagraj to commit murder of C at Mumbai. B committed murder of C at Mumbai. What will be the venue of trial? Decide: [UPJS 2018]

Q. 19. Write a short note:

(i) Police remand and judicial remand. (DJS 2008]

Q. 20. Can an offence committed within the State of Jammu & Kashmir be considered under provisions of Code of Criminal Procedure as an offence committed outside of India? Answer with reasons. [UPJS 2012]

Cognizance of Offence (Ss. 190-199)

Q. 1. Cognizance of an offence punishable under section 188 by the IPC, 1860 cannot be taken except on the complaint in writing? [Guj JS 2020]

Q. 2. What procedure is followed by a magistrate on receiving a complaint under Code of r Criminal Procedure? [MPJS 2017]

Q. 3. Where two persons were accused of Conspiracy and one of them was a public servant. The public servant was acquitted as he was prosecuted without obtaining sanction under section 197. Indicate whether the conviction of the other accused will be sustainable in appeal despite the acquittal of the public servant. [Punj JS 1995(H)]

Q. 4. A forges a document and thereafter institutes a suit against B, on the strength of the forged document. B appears in the suit. On realizing that the document is forged, B lodges prosecution against A for forgery. A assails the prosecution on the ground that the interdict contained in section 195 of Cr.P.C. comes into play and cognizance of the offence could not have been taken except on the complaint in writing of the Court or by the Officer authorized by that Court, before which the document was tendered. Whether ' the objection raised by A is legally tenable? [Punj JS 2013]

Q. 5. What are the conditions when a Magistrate may take cognizance of any offence? State also the cases where no court shall take cognizance unless some conditions are fulfilled. [JJS 2014]

Q. 6. According to law, no judge or magistrate or a public servant, not removable from his office save by or with the sanction of the government, accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, shall be tried for such offence except with the previous sanction of the Central or the State Government, as the case may be.

Whether taking or accepting illegal gratification is an act done in the discharge of the official duty for which such a sanction is necessary? [BJS 2014]

Q. 7. Can a court of Additional sessions judge take direct cognizance of an offence? If so, under what provision of law? [HJS 1996; RJS 1986]

Q. 8. What do you mean by 'taking cognizance of an offence'? How can it be taken by a magistrate? [RJS 1971]

Q. 9. Can a court take cognizance of an offence against a public servant while acting or purporting to act in the discharge of his official duties, on the mere complaint of any person? If not, why? [RJS 1984]

Q. 10. On what basis can a Magistrate take cognizance of an offence? [RJS 1984]

Q, 11. What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer. [RJS 1989]

Q. 12. When can a Magistrate take cognizance of any offence? Can a Session Judge take cognizance of any offence as a Court of original jurisdiction? [RJS 2011]

Q. 13. "The words 'any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty' employed in section 197(1) of the Code, are capable of a narrow as well as a wide interpretation." S.B. Saha and others v. M.S. Kochar, AIR 1979 SC 1841.

Elaborate the above statement in relation to section 197(1) Cr.P.C. referring to decided cases.

Do you think, sanction to prosecute a public servant for an offence under section 409 I.P.C. is necessary when the prosecution case against him is that he had mis-appropriated the goods seized during the investigation of a case. [DJS 1982]

Q. 14. What is meant by the words "taking cognizance of an offence by Magistrate" within the meaning of section 190(l)(a) Cr.P.C.? Can a Magistrate after so taking cognizance, send the case to the police with a direction to file the challan? Give reasons. [DJS 1984]

Q. 15. A forged receipt was filed by A in a civil suit that was filed against him by B. B immediately files a complaint under section 467/471 I.P.C. against A. A objects to the maintainability of that complaint. Decide. [Section 463 I.P.C. defines forgery. Section 467 I.P.C. punishes forgery of a particular type, while section 471 I.P.C. punishes user as genuine a forged document.][DJS 1984]

Q. 16. Briefly discuss.

Do you require Sanction under section 197 Cr. P.C. for an offence under section 406/409 or 379 IPC, if committed by an investigating police officer? [DJS 2000]

Q.17. What is the object of Section 197 of the Code? Which is the appropriate stage to consider the plea under Section 197? Also state the conditions for its operation. [MPJS 2010]

Q. 18. Under what conditions a magistrate can take cognizance of the offence. [UPJS 1988]

O. 19. Discuss the prosecution process of offences against marriage as provided under Criminal Procedure Code, 1973. [UPJS 2006/2016]

Q. 20. What is meant by taking cognizance of an offence by Magistrate? Under what circumstances can a Magistrate take cognizance of an offence? [UPJS 2012]

'Q21. Is the Magistrate bound to take cognizance of an offence on the basis of the final report filed by the police under Section 173(2) of Cr.P.C.? Is there any restriction for taking such cognizance? Discuss with case law. [UPJS 2015]

Q. 22. A, a witness, who appeared before a magistrate made a statement in contradiction to a previous statement before another magistrate. The contradiction was on a material point bearing on the presence of one of the accused at the place of the incident. How should the magistrate proceed to get the witness punished for perjury? Cannot he himself punish the witness? 1969]

Q. 23. Additional Chief Metropolitan Magistrate, New Delhi, vide his judgment dated 1st September, 1999, while acquitting X of the charge under section 25 Indian Arms Act, observed that the Sub Inspector of police who had investigated the said case had wilfully and knowingly fabricated false evidence i.e. a search and recovery memo with the intention that such evidence would be used in the judicial proceedings against X. Additional Chief Metropolitan Magistrate decided to summarily try the Sub-Inspector and issued him notice. In response to the notice sub-inspector appeared and filed his reply/objection stating that he was a public servant and therefore could not be tried for the offence of perjury etc. without the sanction of the Lt. Governor of Delhi. Decide the objections of the police sub-inspector. [DJS 1999]

Q. 24. C filed a complaint in the court of Chief Metropolitan Magistrate, Delhi alleging that on 23rd September 1999 at about 4.00 p.m., a police party of four police officials headed by sub inspector S, raided his house without any warrant of search and while carrying out the search, members of the raiding party abused and assaulted his wife and took away certain articles belonging to him and thus all of them committed offences punishable under section 451, 452, 453, 456, 457, 458, 380, 334, 426 and section 120B, I.P.C.

After preliminary examination of the complaint and witness as the chief Metropolitan Magistrate summoned all the four police officials as accused. Police officials put in appearance and filed applications praying for the recall of the order of summoning on the grounds that they are public servants and had raided the house of C pursuant to the warrants of search issued by the Metropolitan Magistrate and they had prepared the inventory of the articles seized from the house of C. They however denied the allegations as to the abusing and assault on the wife of C. It was also pleaded that they could not be prosecuted without the sanction of the State Government under section 197, Cr.P.C. Decide the application of the police officials.

[Section 197, Cr.P.C. provides that no court shall take cognizance of the offence committed by a Judge or public servant unless prosecution sanction is given by the Central or State Government and if the offence committed by the public servant is in the discharge of his official duty]. [DJS 1999]

Q.25 A filed a complaint with the allegation that B had conspired and fabricated an agreement of sale and forged the signature of C and on the basis thereof he attempted to claim retention of the possession of the remaining part of the house. Magistrate examined witness under section 202, Cr.P.C. and ordered issue of summons to B. B then filed a civil suit for injunction to restrain C from interfering with his possessions and produced the agreement of sale in question. Thereafter B filed an application to quash the complaint on the ground of bar under section 195, Cr. P.C. decide his application.

Note: Section 195 Cr.P.C. bars a Court from taking cognizance of any offence punishable under section 471, I.P.C. etc., (using forged document as genuine) when such offence has been committed in respect of a document produced or given in evidence in a proceeding in any court. [DJS 1996]

Q. 26. Allegations have been leveled against three public servants for commission of offences of cheating and falsification of accounts while they were discharging their official duties as public servants. The investigation established role of two accused persons and charge¬sheet was accordingly filed against them after obtaining sanction under section 197 of the CrPC from the competent authority. The Magistrate took cognizance of the offence and summoned both the said accused persons to face trial. During evidence, the prosecution witnesses depose about involvement of the third accused as well. The complainant moves an application under section 319 of the CrPC, contending that the material is sufficient to summon the third public servant as an additional accused. The complainant argues that cognizance of "offence" has already been taken and bar under section 197 of the CrPC will not be applicable. Decide if the additional accused, a public servant, can be summoned by the Magistrate considering the provisions of section 197 of the CrPC. [DJS 2019]

Complaint Proceeding (Ss. 200-210)

Q. 1. Discuss briefly the procedure to be followed by a Magistrate in complaint cases under Cr.P.C. [HPJS 2016]

Q. 2. A Magistrate, after considering reports of two enquiries under section 190 Criminal Procedure Code, orders another inquiry under section 202. After considering all those reports, he takes cognizance of offence. Examine the legality of the Magistrate's action, referring to case law. [Punj JS 2006]

Q. 3. A complaint was filed by B before a Magistrate. The same was dismissed by him under section 203 of Cr.P.C. holding that there was no sufficient ground for proceeding. Whether the second complaint on the same facts is maintainable and if so under what circumstances? [Punj JS 2007]

Q. 4. Referring to statutory provisions, discuss the validity of following:—

Where accused desires to plead guilty. Magistrate issues a special summon specifying rupees one hundred fifty as fine. [Punj JS 2012]

Q. 5. Write notes on Complaint. [HJS 1984]

Q. 6. Describe the procedure to be followed by a magistrate when a complaint is filed before him. When a complaint may be dismissed by a Magistrate? [HJS 1988]

Q. 7. In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends, however, that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed had not been issued by the office of the court despite deposit of process fee by the complainant and therefore the case be adjourned to some other date. Decide. [HJS 1996]

Q. 8. Outline the cardinal provisions of Code of Criminal Procedure at the time of commencement of proceedings before magistrates that uphold the virtue of fair trial. [HJS 2011]

Q. 9. What is meant by taking cognizance of an offence by a magistrate and in what way is it so taken?

On the presentation of a complaint before him a magistrate recorded the statement of the complainant and ordered a preliminary enquiry u/s 202 Cr.P.C. by the Station House Officer of the area. The latter not only submitted his report as required by the magistrate but also put up a challan against the accused for the offence. Please point out whether the magistrate should try the case as a 'complaint' case or as a 'challan' case. [RJS 1969]

Q. 10. Write an order disposing off an application for exemption from personal attendance of an accused. Quote rulings. [RJS 1986]

Q. 11. What is a Complaint? Name an offence which can be tried on a complaint only. [RJS 1991]

Q. 12. Discuss the ambit of the inquiry under Section 202 of the Code of Criminal Procedure, 1973. [RJS 2014]

Q. 13. A private complaint under section 420 I.P.C. is dismissed by the Magistrate in the absence of the complainant at 11.30 a.m. Next day the complainant applies for restoration of his complaint. He also assigned sufficient cause for his absence on the preceding day. The Magistrate reviews the order of dismissal. Is the order valid? Give reasons. [DJS 1984].

Q. 14. A Company lodged the FIR for offence under sections 408/420 I.P.C. against X, it's former Divisional Manager. After completing the investigation, a report under section 173 Cr.P.C. was sent to Magistrate stating that the case was of civil nature. The company lodged a protest petition with Magistrate and sought permission to prove commission of offence by X. Magistrate after perusing the investigation records, came to conclusion that prima facie under section 408/420 IPC was made out and consequently issued process against X under section 204 Cr.P.C. Legality of order was challenged on the ground that Magistrate had no power to issue process without first complying with provisions of sections 200 and 202 of Code. Decide the objection. [DJS 1990]

Q. 15. An officer of Department of Revenue Intelligence filed a complaint against X for an offence under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 before a Magistrate and appended a list of 12 witnesses - in support thereof. The said offence is exclusively triable by court of session. The Magistrate examined the complainant and three more witnesses from the said list during enquiry under section 202 Cr.P.C. and issued the process against X under section 204 of Code. X challenges the legality and the said order on the ground that section 202 enjoins upon Magistrate to examine all the witnesses of the complainant in a case exclusively triable by Court of Session and non-compliance thereof would render the order of issue of process to be void. Decide. [DJS 1990]

Q.16. lodged a report with the police for the offences under sections 323, 342 read with section 34 I.P.C. After investigation, the police forwarded the final report which was 'accepted by the Metropolitan Magistrate and the first information report was cancelled. A then filed a complaint on the same facts against the same persons. After recording preliminary evidence, the Magistrate passed the impugned order of summoning the accused persons. Decide the legality of the order. [DJS 1991]

Q. 17. Upon a complaint, the Magistrate summons A and B by issuing a process under Section 204 Cr.PC for the offences punishable under Section 420 and 468 IPC (Cheating and Forgery etc.) The accused persons appear and make an application purported to be under Section 203 read with Section 245(2) Cr.PC for recall of the summons of dropping of the proceeding against them on the ground that even if the evidence of the complainant is taken at its face value none of the two offences for which they have been summoned are made out. The complainant objects to the maintainability of the application and questions the jurisdiction of the court to go into the question as prayed for by the accused. Decide on the maintainability of the application and the jurisdiction of the Magistrate in this regard. Further, would it make any difference if the accused had been summoned for an offence triable as a Summons case? [DJS 2006]

Q. 18. What is the procedure for taking cognizance by a Magistrate of an offence on complaint? Explain. [MPJS 2001]

Q. 19. State the procedure when a complaint is made to a Magistrate who is not competent to take cognizance of the offence. [MPJS 2001]

Q. 20. A presents a complaint in a Court of Judicial Magistrate. What options are available to the Magistrate to deal with the complaint? Explain the procedure to be adopted, particularly when the offence is exclusively triable by Court of Sessions. [MPJS 2012]

Q. 21. Decide the legality of the following proceedings:—

A Magistrate, taking cognizance of petty offence under the Motor Vehicles Act, 1939 issues a special summons, against the accused, under Section 206 of the Code of Criminal Procedure, 1973. [UPJS 1997] Q. 22. A police investigation officer, while investigating cognizable offence concluded that only a non-cognizable offence was committed and accordingly submits his report before the Magistrate after completion of investigation. What course shall the Magistrate adopt? [UPJS 2015]

Q. 23. Describe briefly the procedure to be adopted by a Magistrate in complaint cases. [UPJS 2016]

Q. 24. State the procedure to be followed by a Magistrate when there is a complaint case and police investigation is going on in respect of the same offence. [BJS 1979]

Q. 25. Referring to statutory provisions, discuss the validity of the following:

If accused desires to plead guilty. Magistrate issue a special summon specifying rupees one hundred and fifty as fine. [UPJS 1999]

Q. 26. The proceeding were instituted before a Magistrate by A u/s 325, 342 I.P.C. The accused persons were summoned, but on the date of hearing the complaint was dismissed in default. Next day the complainant A moved an application for restoring the complaint justifying his absence. The Magistrate ordered to restore the complaint. What illegality, if any, has been committed by the Magistrate? [RJS 1986]

Frame of Charges, Joinder of Charges and Effect of Defective Charge (Ss. 211-224)

Q. 1. (a) Define 'Charge' and enumerate the contents of charge? Is a 'Defective Charge' necessarily fatal to conviction?

        (b) Can a Court may alter the 'Charge'? [MPCJ 2022]

Q. 2. Under what circumstances can charge once framed be altered and at what stage? Explain with relevant case law. [HJS 2022]

Q. 3. On 12-7-2006 A was at the wheel of a Haryana Roadways Bus bearing registration No. HR-29-1275. It was carrying a marriage party of about 80 persons, from Kamal to Delhi. Around 5.00 P.M. the above said bus was about one KM ahead of Bus Stand Panipat towards Delhi. A was driving the same with extreme rashness and negligence at a speed of about 120 KM per hour on the G.T. Road. The above said bus had hit an auto rickshaw bearing registration No. HR-03-1714 carrying school children, which was going ahead of it, at a moderate speed. As a result of the accident four children namely B, C, D, and E and G, who was the driver of the auto rickshaw had expired at the spot. Frame charge against A regarding the above said accident. [Punj JS 2007]

Q. 4. Two scooters were stolen from different places and in each case, one Ramu, an employee of Suraj, who kept a scooter repair shop near Jama Masjid was seen loitering in the neighbourhood about the time when the scooters disappeared. Parts of each of the stolen scooters were afterwards found in the shop of Suraj and some in the house of the third person Kewal. Is the joint trial of these three persons possible? Discuss. [DJS 1973]

Q. 5. Write a short note on 'charge'. [Guj JS 2020]

Q. 6. The court can alter charges before the pronouncement of judgment. Does this in anyway vitiate a fair trial. Give reasons for your answer. [HPJS 2019]

Q. 7. Discuss the legality of the issue given below:

If an accused is charged of a major offence but is not found guilty thereunder, can he be convicted of minor offence, if the facts established indicate that such minor offence has been committed. Substantiate the same citing relevant provisions of the Code of Criminal Procedure. [HJS 2019]

Q.‘ 8. What is a charge? Form of charges and scope and objective behind Joinder of charges. [HPJS 2018]

Q. 9. Define Charge. Can a court alter charge? If so, under what circumstances and upto what stage? [MPJS 2018]

Q. 10. Write short note on Alteration of charge under The Code of Criminal Procedure, 1973. [Guj JS 2017]

Q. 11. What are the contents of charge? Can the court alter or add to the charge? When can different persons may be charged and tried jointly in the same trial? [HPJS 2016]

Q. 12. Can there be a joinder of charge in a trial under following circumstances: A commits theft on four occasions in 1986 of which two are punishable under section 379, IPC and the other two under section 380, IPC. [Punj JS 2010]

Q. 13. Can there be a joinder of charge in a trial under following circumstances:

A attempts to rescue B from the custody of police and while making such attempts causes grievous hurt to a Constable C and simple hurt Constable D. [Punj JS 2010]

Q. 14. State briefly the law relating to Misjoinder of charges [BJS 1975]

Q. 15. What is a charge? What are its essential ingredients? [BJS 1977]

Q. 16. What is 'charge'? What are essential particulars of a charge? Discuss the effect of error in a charge. [BJS 1986]

Q. 17. "For every distinct offence, of which any person is accused, three shall be separate charge, and every such charge shall be tried separately." Explain. Are there any exceptions to this rule? Discuss. [RJS 1969, 1999, HJS 2000, 20003, 2011, JJS 2014, UPJS 1986, 2015, BJS 2018]

Q. 18. "Is a defective charge necessarily fatal to conviction?" Discuss. [JJS 2014]

Q. 19. What is a charge? State its objects and particulars to be stated therein. State the law in regard to mis-joinder of charges and state what is the effect of material error in charge. [HJS 1998]

Q. 20. A public servant was charged under section 409 I.P.C Facts constituting the charge also made out an offence under section 420 I.P.C., but he was not charged for this offence. Support your answer by authorities, if any. [HJS 1998]

Q. 21. Describe the contents of a charge. [HJS 1999]

Q. 22. The accused has right to recall prosecution witnesses after alteration of the charge. When such right could be refused by the court? [HJS 1999]

Q. 23. The accused were convicted of rioting, which was the only charge before the Magistrate.

On appeal, the Sessions Judge acquitted them of rioting, but convicted them under SS. 448 and 323 of the Penal Code of house trespass and hurt. Discuss the legality of conviction of the accused by the Sessions Judge. [HJS 1999]

Q. 24. What is the effect of errors in charge? [HJS 2000]

Q. 25. Discuss 'joinder of charges' under the Code of Criminal Procedure. [HJS 1986, 2006]

Q. 26. Can a person be convicted of an offence not specified in the charge? [HJS 2006]

Q. 27. Is it mandatory for court to direct a new trial or adjourn the trial for some period in case of alteration of                              charge. [HJS 2006]

Q. 28. When can the Court alter or amend charge? What is the consequence of a defect in the farming of charge? Explain with illustration. [HJS 2010]

Q. 29. What charge is to be framed if it is doubtful as to what offence has been made out? Explain with illustration. [HJS 2010]

Q. 30. Write short notes on Effect of "Error in Framing Charge". [HJS 2011]

Q. 31. House of X was burgled at Ajmer on 10th August, 1969. Some articles in the burglary were recovered from A in September, 1969, some were recovered from B in October, 1969, some were recovered from C in November, 1969, and some were recovered from D in February, 1970. A, B, C and D were charged and tried at one trial and convicted and sentenced under section 379 of I.P.C. They appeal against their conviction and sentences. Decide the above appeal. [RJS 1969]

Q. 32. In case of a doubt that a particular offence falls under which of the two sections of the Penal Code, how shall you deal with such an offence in your judgment? [RJS 1974]

Q. 33. What should be the contents of a charge? [RJS 1975]

Q. 34. Can an accused be tried at one trial for the acts done by him which constitute different offences under the Penal Code but are the parts of the same transaction? [RJS 1975]

Q. 35. What is charge? What are its contents? [RJS 1976]

Q. 36. A magistrate after reading and explaining the charge to an accused records the plea also . of the accused. Can he later on alter the charge? [RJS 1976]

Q. 37. A is accused of six offences of the same kind committed within space of twelve months from the first to the last of such offences in respect of the same person. Can he be tried at one trial for all those offences? [RJS 1976]

Q. 38. After the charge is framed and the trial is in progress whether the Court can alter the charge?

When accused shall be discharged? State the procedure in a warrant case—instituted on a police report or instituted otherwise than on a police report. [RJS 1980-81]

Q. 39. Whether an accused can be charged in the alternative with having committed some one of the many offences? [RJS 1980-81]

Q. 40. At what stage can a Court alter a charge? [RJS 1984]

Q. 41. Upto what stage can a court alter, add or amend a charge? [RJS 1989]

Q. 42. Whether on an application in writing made by an accused person, he can be tried for more than 3 offences at one trial? [RJS 1991]

Q. 43. Frame a charge—

(a) for an offence u/s 326 read with Section 149 I.P.C.

(b) for an offence u/s 307 I.P.C. [RJS 1991]

Q. 44. Can charge be altered? If so, when? [RJS 1991]

Q. 45. Write short notes on joinder of charges. [RJS 1991]

Q. 46. State the particulars which a 'charge' should contain. What is the effect of defective charge? [RJS 1991]

Q. 47. What are the contents of charge? What particulars as to time, place and person should be given in the charge? Can the Court alter a charge once framed? [RJS 2011, 2015]

Q. 48. Two scooters were stolen from different places and in each case, one Ramu, an employee of Suraj, who kept a scooter repair shop near Jama Masjid was seen loitering in the neighbourhood about the time when the scooters disappeared. Parts of each of the stolen scooters were afterwards found in the shop of Suraj and some in the house of the third person Kewal.

Is the joint trial of these three persons possible? Discuss.

Q. 49. A commits house-breaking by day with intent to commit adultery and then commits adultery with B's wife. Can A be charged with, and tried for, offences under section 454 and 497 of I.P.C. at one trial? [DJS 1973]

Q. 50. A is charged with the substantive offence of cheating under section 420 I.P.C. while B (who is tried together with A) is charged with the abetment of that offence. State whether or not there is any misjoinder of charges. [DJS 1984]

Q. 51. What is charge. [DJS 2007]

Q. 52. What should be the elements of the charge. [DJS 2007]

Q.53         Under what circumstances a charge can be altered. [DJS 2007]

Q. 54. What is the effect of altering charge on the trial. [DJS 2007]

Q. 55.       What powers has the criminal court to alter or add to a charge against an accused person? Whether after the                       commencement of trial if charge is altered or added, witnesses can be recalled? If yes, give reasons, if no give reasons. [MPJS 2003]

Q. 56. How charge is framed? When more than one offences may be charged together and what persons may be charged jointly? [MPJS 2012]

Q. 57. What is joinder of charges? What persons can be charged jointly? Explain. [MPJS 2014]

Q. 58. What are the cases in which art accused person may be convicted of an offence which is not specified in the charge sheet on which he has been tried? [UPJS 1992]

Q. 59. A is charged with murdering Haider Baksh on 20th January, 1997 and Khoda Bakhsh on 21st January, 1997. When charged for the murder of Haidar Bakhsh he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haider Baksh. A is convicted by the Court. A challenges the said conviction on the ground of error in the charge. Decide. [UPJS 1997]

Q. 60. Define charge, "For each offence there must be a separate charge." Discuss this statement. [UPJS 2000]

Q. 61. Define "charge" and enumerate the contents of charge. [UPJS 1988, 1992, 2003] Q. 62. Is a defective charge necessarily fatal to conviction? [UPJS 2003]

Q. 62. Can a court alter charge? If so, how and up to what stage? [UPJS 1992, 2003]

Q. 63. What are the cases in which an accused person may be convicted of an offence which is not specified in the charge sheet on. which he has been tried? [UPJS 2003]

Q. 64. In a case Additional Sessions Judge framed charges against accused who were six in number under Section 149 and Section 395 of the Indian Penal Code, 1860—for committing dacoity. Has the charge been properly framed? Explain. [UPJS 2006]

Q. 65. A is charged under Section 242 of the Indian Penal Code, 1860 with "having been in possession of counterfeit coins, having known at the time when he became possessed. If a single set or series of sets is of such a nature that it is doubtful which of the several offences which can be proved will constitute, then in that event how the charge or charges be framed by the court. Shall it be lawful to frame under such circumstances alternative charges? [W1975]

Q.66. Point out the essentials of a charge can there be a joinder of chares in a trial under the following circumstance. W® 1988]

Q.67. What is Charge? State the particulars of the Charge. Can charge be altered? If so, when? What is the effect of defective charge? [punj Js 2019l

Q.68 What type of errors in the framing of a charge vitiate the trial? [RJS 1974]

Q. 69. On the following facts, frame Charge against accused only A and also write an Order of discharging accused A of the offences/charges not made out against him.

M lodged the following First Information Report on 21st September 2010 at 9 p.m. at Lordganj Police Station Jabalpur.

I am a tenant of G in the house no. 19 Azad Nagar Jabalpur since 1998. Landlord G was pressurizing me for vacating the house for last 4 months. Today at about 8 p.m., G along with A, B, C, D entered into my house using filthy language. A was having a lathi in his hand. B caught hold my hands from behind and C beat me with fists and legs. My wife S intervened to save me but she was pushed away by A, where upon she fell down. After hearing the noise, my father K and mother J came out of their room but they were pushed back and were locked in their room by D. Then A, B, C, D started throwing out the household items including TV etc. from my house. There after all of them left my house after giving a threat of causing my death, if I would lodge a police report. In this incident my clothes were tom apart and two teeth were broken. My TV and other households items were also damaged causing a loss of about Rs. 1 lakh.

After investigation police Lordganj filed report in the Court of Judicial Magistrate First Class, Jabalpur against A, B, C, D and G under section 147, 148, 149, 452, 294, 354, 323, 325, 342 and 506(11) of the Indian Penal Code. [MPJS 2010]

Q. 70. Frame a charge/charges on the basis of allegations given hereunder:—

PROSECUTION CASE/ALLEGATIONS: As per case of prosecution on 01.01.2015 at about 5 o'clock in the evening. A and his father B were coming from agricultural land to their house by bullock cart. On reaching from approach road to main road H, both stepped down from the bullock cart and while they were crossing the road for drinking water, the alleged offending bus bearing registration no. C-l, driven by the accused F in rash and negligent manner came there from wrong side, dashed B. Resultantly B sustained fatal injuries and succumbed to injuries on the spot. His son A lodged FIR against driver F at police station G. (MPJS 2014]

Q. 71. Frame a charge/charges on the basis of allegations given hereunder:—

PROSECUTION CASE/ALLEGATIONS: Surender Singh was a driver of a truck with registration No. HR 55 R-7750. On 20.10.2015 he was carrying the truck from Gwalior to Shivpuri. On the way before his truck. Ram Singh was driving a truck bearing registration No. MH 31-7851 in a rash and negligent manner causing endanger to human life and injury to any other person and he was not allowing Surendra Singh to take his truck forward. Ram Singh stopped his truck near a Dhaba which falls under the territorial jurisdiction of Police Station Satnawad. Seeing that, Surendra Singh also stopped his truck. Thereafter, he took strong objections to the said acts of Ram Singh. Thereupon an altercation broke out between them. In the course of which Ram Singh committed marpeet with Surender Singh with an iron rod. As a result, he suffered fracture in his right Tibia bone. He also damaged his truck and thus caused him a loss of 8000/- rupees in terms of money. [MPJS 2015]

Q. 72. Write a judgment convicting accused A and B under section 302/34 of IPC.' Draft a charge of the above offence. (UPJS 1988]

Q. 73. Distinguish between Acquittal and discharge. [UPJS 1991, HJS 1988, 2010, Punj JS 2003]

Q. 74. A was a Cashier-cum-Accountant in the Water Works Department. On ten different occasions he took away various sums of money from the cash box in his charge and utilized them for his household purposes. He also altered the entries in the cash book to create the impression that the cash on hand in the box was in accordance with the receipts. All this happened within one year.

Please frame a charge or charges on the above facts and also indicate if all the charges, if you think that they should be more than one, could be tried together. [RJS 1969]

Q. 75. Distinguish between discharge and acquittal. Do they serve as a bar to fresh proceeding? [RJS 1969]

Q. 76. Frame charges u/s 148 and 325, Indian Penal Code. [RJS 1986]

Q. 77. A hires six persons for the commission of an offence. They all went armed with sharp weapons into a house belonging to Z. A caused the death of Z and rest of the persons caused grievous and simple injuries to X and Y. What offences have been committed by them? Frame appropriate charge against A only. [RJS 1986]

Q. 78. Frame a charge for an offence of attempt to murder. [RJS 1994]

Q. 79. For an offence punishable under Section 326 read with Section 149 of the Indian Penal Code. Frame the charge. [RJS 2014]

Q. 80. For an offence punishable under Section 307 read with Section 34 of the Indian Penal Code. Frame the charge. [RJS 2014]

Q. 81. For an offence punishable under Section 379 of the Indian Penal Code. Frame the charge. [RJS 2014]

Q. 82. On Vijaypath, at about 9.30 a.m. of 15.09.2015, motorcycle of R had a collision with the car of S. S gae a slap to'R and also abused him. On being abused by S, R under grave provocation picks up a sharp heavy iron blade lying on road and tries to cause head injury to S, which could have caused death of S. S any how escapes himself from the iron blade blow.

What offence R has committed? If R has committed any offence, frame a charge on basis of the given facts by treating yourself P, Additional Sessions Judge, Pali. [RJS 2015]

Q. 83. Distinguish between "discharge” and "acquittal". Discuss whether an accused discharged can be retried under any circumstances? [DJS 1982]

Q. 84. Consider the question of framing of charge and frame appropriate charge(s) in the following case, if necessary:

B a boy aged about 6 years and his sister G aged 5 years and their mother M are being prosecuted for offence of culpable homicide not amounting to murder punishable under section 304 read with section 34 I.P.C. on the allegations that on the evening of 01.09.99 at about 6 p.m., B and G were playing in the street with another girl child C daughter of a neighbour, aged about 4 years; C pushed G as a result G fell down and started crying. B felt enraged, picked up a stone lying in the street and hit C on her head twice as a result C turned unconscious. B and G retired to their house and told M about what had happened to C. M reached the spot and believing that C had died, lifted her in her arms and took her to a nearby nallah and threw C in the nallah. After about two hours police reached the spot, recovered C from nallah and removed her to the hospital where she was declared to have been brought dead. The doctor conducting the postmortem examination on the body of C, opined the cause of death of C as asphyxia due to drowning. [DJS 1999]

Q.85 Theft of a scooter takes place in the area of Sarojini Nagar, Delhi on 19.6.2005 and in the complaint made to the police, none has been named by the complainant. On 25.6.2005 A is arrested by police of police station Srinivaspuri, Delhi in some theft case of that police station. During investigation of that case, he makes disclosure statement to have committed theft of the scooter from the area of Sarojini Nagar and having delivered the same to B for driving purpose and then offers to get the same recovered from B. In pursuance of the disclosure statement A gets the scooter recovered from B on 25.6.2005 itself. Frame charge in this case. Also discuss about applicability of section 34 IPC so far as possession of the stolen scooter is concerned. [DJS 2006]

Q. 86. Mohan sold a plot of land in village Bawana (Delhi) to Ramesh, claiming to be the owner and executed documents in the nature of agreement to sell, general power of attorney and will in favour of Ramesh, receiving a sum of Rupees Twenty Five Lakh as sale consideration. At the time of the transaction, there was a civil suit pending between Mohan and his brother Suresh about the title of the said plot of land. Mohan did not disclose this fact to Ramesh. Later, the civil suit was decided against Mohan declaring Suresh to be the owner entitled to the possession of the plot. In the execution of the decree, the possession of the plot of land was taken from Ramesh. Mohan refused to return the sale consideration to Ramesh, who being aggrieved then lodged complaint against Mohan at the local police station. After investigation, charge sheet was filed against Mohan for his prosecution for offence of cheating and forgery under sections 420, 423, 467, 468 & 471 IPC.

Mohan contests his prosecution claiming that it is a civil dispute, which is refuted by the prosecution on the ground that defence plea cannot be considered at the stage of framing of charge.

Decide the question of framing of charge in the light of rival contentions, legal principles and case law. [DJS 2014]

Q. 87. Explain with help of relevant case laws, the difference between discharge and acquittal; also explain the grounds for discharge? [P^nj JS 2019]

Q. 88. Mr. A and Mr. B are accused of committing lurking house break under Section 453 of the Indian Penal Code on 3/9/2019 at the house of Mr. X, who resides at 406, Model Town, Mohali, Punjab. Frame charges for the above situation? [Punj JS 2019]

Q. 89. Charge in police case and charge in complaint case. [DJS 2019]

Q. 90. (a) What is the 'Charge'? Can the Court alter a charge? If so, how and when?

(b) Distinguish between the following.

(i) Cognizable and Non-cognizable offences

(ii) Conviction and Acquittal [BJSE 2021]

Q. 91. Whether charges under section 395 or 498-A IPC against more than one persons can be framed without the aid of section 34 or 120-B IPC? Discuss. [DJS 2000]

Q. 92. Under what circumstances can charge once framed be altered and at what stage ? Explain with relevant case law. [HJS 2022]

Sessions Trial (Ss. 225-237)

Q. 1. Discuss the modes of recording evidence in a Sessions' Trial. How does Summon Trial differ from Warrant Trial? Explain. [UPJS 2018]

Q. 2. Explain the procedure of Trial before a Court of Session under the Cr.P.C. [HPJS 2018]

Q. 3. Discuss the rules relating to trial before a Court of Sessions. [BJS 1986]

Q. 4. Explain the procedure of Session Trial step-by-step by citing and analyzing the relevant provisions of the Criminal Procedure Code, 1973. [BJS 2017]

Q. 5. Describe the procedure to be followed in Sessions trial [BJS 1987, MPJS 1998] Q. 6. State the procedure to be followed in Sessions trial cases [MPJS 1998]

Q. 7. Suppose you are a Public Prosecutor in a sessions court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail. [HJS 1996]

Q. 8. A case was committed to sessions judge for trial of murder. Police had recovered a lathi from the accused. Witness M had stated before the investigating officer that he saw accused running towards the deceased. The sessions judge discharged the accused. Discuss the validity of the judgment. [HJS 1996]

Q. 9. Discuss the procedure of trial before Court of Sessions. Explain. [HJS 1999]

Q. 10. Discuss in brief the provisions of the Cr.P.C. relating to Session's trial [HJS 2003] Q. 11. Can a Court of Session pass a sentence without hearing the accused? If not, what is the effect? [RjS 1977]

Q. 12. On what ground can a Court of Session discharge an accused? [RJS 1984]

Q. 13. At what stage is an accused examined in a Sessions Trial? What questions must be put to him by the Court? [RjS 1984]

Q. 14. Briefly discuss, whether a detailed speaking order is required to be passed before framing charges by Court of Sessions? [DJS 2000]

Q. 15. Narrate in brief the procedure for Sessions trial. [UPJS 1986]

Q. 16. On complaint made by C, a Court of session takes cognizance of the offence under sub¬section (2) of Section 199 of the Code of Criminal Procedure, 1973 and tries the accused. 

The Court finds that there was no reasonable cause for making the accusation and hence orders C to pay Rs. 2500 to the accused by way of compensation. C challenges the said order. Decide. [UPJS 1997]

Q.17 Discuss in brief the provisions of the Cr.P.C.,relating to session's trial. [HJS 2003]

Warrant Trial (Ss. 238-250)

1. In a complaint case the complainant, on a date fixed, is absent. Counsel for the accused urged that the complaint be dismissed and accused acquitted. Counsel for the complainant contends, however, that there was nothing to be done as summons for the doctor, for whose evidence, the date'was fixed, had not been issued by the office of the Court despite deposit of process fee by the complainant and therefore the case be adjourned to some other date. Decide. [Punj JS 2010]

2. M filed a complaint before the Chief Judicial Magistrate alleging that G has committed offence under sections 406 and 420, IPC. CJM took cognizance of the offence and issued process to the accused. The accused entered appearance. The complainant was absent on consecutive posting dates. Finally the case was posted to a specific date for the appearance of the complainant. On that day, an application for adjournment was moved . on his behalf. The Magistrate, after holding that the complainant has been trying to delay the proceedings and protract the case and that the complainant does not constitute the ingredients necessary for offences punishable under sections 406 and 420, IPC, discharged the accused under section 245(2) the Code of Criminal Procedure. Critically analyze the correctness of the order of discharge of the accused passed by the Chief Judicial Magistrate and suggest what alternative procedure could have been adopted by the CJM while proceeding with the criminal complaint made by M? [Punj JS 2012]

3. Referring to statutory provisions, discuss the validity of following:—

For complaint against the accused without reasonable cause, the Magistrate orders payment of compensation in favour of the accused. For default in payment of compensation, passes on order of sentence for 60 days imprisonment. [Punj JS 2012]

4. In a warrant case instituted on police report, the Magistrate after the examination o the documents and hearing the Public Prosecutor and the defence counsel considers the change against the accused to be baseless. Discuss in detail the procedure followed in a warrant trial. [BJS 1991]

5. How the trial of warrant cases instituted on police report is different from cases instituted otherwise than on police report? Elaborate the procedural differences between the . [HJS 2011]

6. What are the ways and means for the speedy disposal of Warrant Cases. [RJS 1986]

7. When an accused can be discharged by a Magistrate? [RJS 2015]

8. Distinguish between dismissal of a complaint, discharge and acquittal? Also state brie y the remedies available in each of these cases.

9. Describe the procedure in respect of trial of warrant cases by magistrate instituted on a police report and instituted otherwise than on a police report. [RJS 1991, 2011, MPJS 1996, 2004, 2007, 2013, UPJS 1984, 1991, 2012].

10. In a complaint case, the complainant of a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends however that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed, had not been issued by the office of the court despite deposit of process-fee by complainant and therefore the case be adjourned to some other date. Decide. [UPJS 1991]

Q. 11. In a warrant case, the Magistrate discharged the accused owing to the absence of the complainant on the day fixed for hearing. On the next day, the Magistrate entertained a second complaint on the same facts, by the same complainant, against the same accused, and proceeded with the trial. Discuss the legality of the procedure followed in the case. [Punj JS 2003]

Q. 12. In the trial of warrant case proceedings have been instituted upon complaint. On the date fixed for the hearing, the complainant remains absent. What order can be passed by the Magistrate? [UPJS 1985]

Q. 13. An accused could not be discharged before taking all the evidence produced by the prosecution. Under what circumstances the accused may be discharged before production of such evidence? [HJS 1999]

Q. 14. During the proceedings of a complaint case dealt with as a warrant case the magistrate recorded the statements of three out of the seven witnesses cited by the complainant and then examined the accused and framed a charge. At the instance of the accused the three witnesses were recalled and were further cross-examined by the accused. The remaining four witnesses were then examined by the complainant. Thereafter the magistrate recorded the defence evidence, heard arguments and convicted the accused but the statement of the accused was not recorded again. Please discuss the legality of the conviction. [RJS 1974]

Q. 15. Describe briefly the procedure of trial by a Magistrate in complaint cases. [UPJS 2013] Q. 17. What are the reasons for providing different procedure for trial of warrant cases instituted on police report and cases instituted otherwise than on police report by Magistrate? Discuss. [UPJS 1999]

Q. 16. Point out difference between trial procedure provided for warrant cases instituted on police report and that provided for cases instituted otherwise than on police report. [UPJS 1999]

Q. 17. Referring to statutory provisions, discuss the validity of the following:

For complaint against the accused without reasonable cause. Magistrate order payments of compensation in favour of the accused. For default in payments of compensation passes an order of sentence for 60 days imprisonment. [UPJS 1999]

Summons Trial (Ss. 251-259)

1. An accused was charged for having committed the offences of voluntarily causing hurt and wrongfully restraining a person. The trial commenced as a summons case during the course of which the Magistrate converted it into a warrant case. Was the action of the Magistrate legal? Explain. [HJS 2019]

2. What is the effect of non-appearance or death of complainant in a trial of summons cases by Magistrate? [punj JS 2012]

3. What is a summon case? State the procedure laid down by the Code of Criminal Procedure for trial of summon cases. [HJS 1988]

Q. 4. How does the trial of a summons case differ from that of a warrant case? Write a brief note thereon. WS 1971]

Q. 5. In a summons case, the complainant is absent at the appointed date of hearing. What orders can the Magistrate pass in such circumstances? [RJS 1984]

Q. 6. When and how an accused who is not present before the Magistrate can be convicted in petty cases on plea of guilty? [RJS 2015]

Q. 7. What is the effect of non-appearance or death of complaint in a trial of summons cases by magistrate? [UPJS 1984, 2012]

Q. 8. Give a brief account of the procedure to be observe by the Magistrate in the trial of summons case. [UPJS 1985]

Q. 9. Who can withdraw the complaint and what is its effect? [UPJS 1985]

Q. 10. Explain clearly the distinction in trials between summons case and warrant case. [UPJS 2006; 2016]

Q. 11. Discuss the salient changes introduced in the criminal procedure by enacting the new Criminal Procedure Code of 1973. Do you justify these amendments? [RJS 1974]

Summary Trial (Ss. 260-265)

Q. 1. Referring to statutory provisions, discuss the validity of following:—

A Magistrate in a summary trial proceeding on conviction passes sentence order for 4 months imprisonment. [Punj JS 2012]

Q. 2. Describe the procedure to be followed in summary trial and sessions trial. [BJS 2006]

Q. 3. State briefly the law relating to Summary trials. [BJS 1975, 1987, HJS 1986, 2000]

Q. 4. What is procedure for a summary trial by a magistrate? [RJS 1974]

Q. 5 An Additional District Magistrate summarily tried as a summons case an offence punishable with three years rigorous imprisonment and convicted the accused. Please state if the conviction is legal. [RJS 1974]

Q. 6. Give a summary of law relating to summary trials. What procedure the courts are required to follow in a summary trial? [RJS 1979]

Q. 7. Can summary trial be held in the following cases?—

(i) in contempt of court

(ii) theft cases

(iii) insult cases

(iv) in cases where the accused pleads guilty? [RJS 1979]

Q. 8. Write brief notes on Judgment in cases tried summarily. [RJS 1980-81]

Q. 9. Write a note on summary trial. What offences can be tried summarily? [RJS 1989]

Q. 10. In a summary trial the accused does not plead guilty. What is required to be stated in the judgment by the Magistrate? [RJS 2011]

Q. 11. Discuss the summary procedure given in the Code of Criminal Procedure for trial for giving false evidence. [RJS 2014]

Q. 12. Point out the difference between procedure to be followed in trial of summary cases and warrant cases. [MPJS 2009]

Q. 13. What are the objects of summary trials? What offences may be summarily tried and by whom? Give a brief account of general provisions of summary trial as contained in the Criminal Procedure Code. [UPJS 1982]

Q. 14. The owner of a flour mill is prosecuted for public nuisance for starting the mill in a residential locality. If the result of the trial would have the effect, in case of conviction, of compelling him to permanently close down his business, will the summary trial be desirable? Give reasons for your answer and refer to cases. [UPJS 1982]

Q. 15. What do you understand by 'summary trial'. What offences may be tried summarily and by whom? [UPJS 1987, 2000, 2012]

Q. 16. Referring to statutory provisions, discuss the validity of the following:

A Magistrate in a summary trial proceeding on conviction passes sentence order for 4 month's imprisonment. [UPJS 1999]

Q. 17. Explain the nature and procedure of summary trial. A commits theft by stealing property of B worth Rs. 500. Can this offence be tried summarily? [UPJS 2015]

Q. 18. What is summary trial? What offences may be summarily tried and by whom? [UPJS 2012]

Q. 19. What do you understand by "summary trial"? What offences may be tried summarily and by whom? [UPJS 2000]

Plea Bargaining (Ss. 265A-265L)

Q. 1. For what offences/or accused persons. Plea Bargaining under Chapter XXI-A of Code of Criminal Procedure, 1973 is applicable?

Describe the guidelines provided under section 265C of Code of Criminal Procedure for mutually satisfactory disposition of criminal cases on the basis of Plea Bargaining. [MPCJ 2022]

Q.2. Plea bargaining was introduced in the criminal justice administration to facilitate speedy resolution of criminal cases and to ease the burden of courts. What measures are prescribed to ensure that the process is voluntary and is not misused given the fact that it was held unconstitutional for a long time? [HPJS 2019]

Q. 3. What do- you understand by "Plea Bargaining"? State the procedure for initiating "Plea Bargain" in Courts. [HJS 2009]

Q. 4. What should a Magistrate do in a case, in which "Plea Bargain" has been initiated,

(i) but no satisfactory disposition is made out,

(ii) a satisfactory disposition is made out [HJS 2009]

Q. 5. Discuss the provisions relating to application for plea bargaining and guidelines for mutually satisfactory disposition under the Code of Criminal Procedure, 1973. [RJS 2016]

Q. 6. What is plea bargaining.

In what cases plea bargaining is not available. [DJS 2007, JJS 2019]

Q. 7. Write Short notes on Plea-bargaining [DJS 2011, 2014, MPJS 2009]

Q. 8. A is charged with the offence of outraging the modesty of a woman punishable under Section 354 IPC (punishable for a minimum period of one year) and is undergoing trial. He files an application for plea bargaining in the court. He discloses in the affidavit accompanying his application that he has been earliier convicted for an offence under the Motor Vehicles Act. The mutually satisfactory disposition is arrived at as per which the court awards compensation to the victim and grants probation to A. Is the procedure adopted in compliance with Chapter XXI A (plea bargaining) Cr.P.C.? [DJS 2015]

Q. 9. What is 'Plea Bargaining'? Covering all related issues, state in brief. [MPJS 2007]

Q. 10. Whether an appeal can lie against a judgment passed under the provisions of Section 265F Chapter XXIA of Criminal Procedure Code? [MPJS 2007]

Q. 11. What is "Plea-Bargaining"? Discuss its scope and application. [MPJS 2015]

Q. 12. What is plea bargaining? Briefly describe its procedure. Whether these provisions apply in respect of all types of offences? Can victim of crime make any objection against this bargaining? Explain. [UPJS 2013, 2016]

Q. 13. Explain Plea Bargaining as provided in Cr.P.C. and its relevancy in the modem time. [HPJS 2018]

Q. 14. Write short note on What is Plea Bargaining? At what stage can a case be referred for Plea Bargaining? [DJS 2019]

Q. 15. Unlike the scheme in Plea Bargaining, the procedure for withdrawal from prosecution does not afford the 'victim' a participatory position. Critically analyse the statement. [HJS 2013]

Q. 16. Death by negligence. Discuss in the light of plea bargaining. [DJS 2010]

Mode of Taking and Recording of Evidence (Ss. 272-283)

Q. 1. Write brief notes on Remarks respecting demeanour of a witness [RJS 1980-81]

Q. 2. Who is competent to determine the language of each Court within the State other than the High Court for the purpose of Code of Criminal Procedure, 1973? [RJS 2014]

Q. 3. What should be done in a case where the accused is present, but the evidence is given in a language not understood by him? [RJS 1984]

Q. 4. In what circumstance can evidence be given by affidavit in an inquiry or trial? [RJS 1984]

Q. 5. Write brief notes on record in summons cases and inquiries [RJS 1980-81]

Q. 6. Write short notes on the presiding Judge of a Criminal Trial should not be a spectator and a mere recording machine. [DJS 2006]

Commissions for the Examination of Witnesses (Ss. 284-299)

Q. 1. State the circumstances in which it is advisable and those in which it is inevitable to issue a commission for examination of a witness. [Punj JS 2006]

Q. 2. What is the scope of inquiry to be conducted by the Magistrate at the stage of issuing process under section 292 Cr.P.C.?

Has the accused locus-standi to produce documents and other material at that stage for consideration before the Magistrate. [DJS 1984]

Q. 3. How is a previous conviction against an accused proved at a subsequent trial?

A second class magistrate recorded evidence in a theft case but before the pronouncement of judgment felt that on account of a previous conviction of the accused for theft he should be awarded a sentence of two years imprisonment. What procedure should be adopted by the magistrate for getting the accused adequately punished? [RJS 1969]

Q. 4. Who are empowered to administer oath to deponents of affidavits to be filed before a Criminal Court and under what law?

Recording of Evidence in Absence of Accused

Q. 1. Explain the circumstances in which evidence may be recorded in the absence of the accused person. What is the value and use of such evidence in the subsequent trial of the accused person. [Punj JS 2006]

Q. 2. Write short notes on Recording of evidence in absence of accused. [MPJS 2012]

Q. 3. It is proved that the accused has absconded and is not likely to be arrested immediately.

Can the Court examine the witnesses against him produced by the prosecution in his absence? [RjS 2011]

Q. 4. During trial of a case under Section 302/364A of the Indian Penal Code, no objection was taken by the accused to the mode of proof when Call Detail Records (CDRs) of mobile and marked as an Exhibit. Whether the same amounts to waiver of insisting of formal proof of documents? Whether such waiver from the accused is permissible in criminal case under Section 294 of the Code of Criminal Procedure? [DJS 2019]

Q. 5. Explain Trial in the absence of the accused? [JJS 2017]

General Provisions as to Inquiries and Trials (Ss. 300-327)

Q. 1. In a case involving two or more accused, is it permissible for the Court to record their joint statement under clause (b) of sub-section (1) of Section 313 of the Code of Criminal Procedure, 1973 to save its time? [DJS 2022]

Q. 2. When can the power under sub-section (1) of Section 319 of the Code of Criminal Procedure, 1973 to add and summon an accused can be exercised by the court? [DJS 2022]

Q. 3. What are circumstances under which prosecution can be withdrawn? Explain with ‘relevant case law. [HJS 2022]

Q. 4. What is the law governing summoning of a person to face trial as an additional accused? [HjS 2022]

,Q. 5. Write Short-notes on:—Withdrawal from prosecution. [MPCJ 2021]

Q. 6. Whether Magistrate can commit the case to Court of Sessions after commencement of trial? Explain. [MPCJ 2022]

Q. 7. What is the test and the guidelines, if any, regarding the exercise of power under sub¬section (1) of 319 Criminal Procedure Code, 1973. Whether such power can only be exercised only if the court is satisfied that the accused summoned in all likelihood would be convicted? Support your answer with relevant case law. [HPJS 2019]

Q. 8. What is the purpose of examination of an accused under Section 313 of the Code of Criminal Procedure? What is the effect of not putting an incriminating evidence in such examination? What are the remedies before an Appellate Court? [DJS 2018]

Q. 9. What is the procedure of recording evidence in absence of accused? Whether the evidence adduced in trial of co-accused can be used against the absconding accused of- same case? [MPjS 2018]

Q. 10. Whether a Magistrate can ask any accused to give specimen signature or handwriting? Discuss with exception, if any. [UPJS 2018]

Q. 11. Discuss the powers to summon/recall a witness under Section 311 of The Code of Criminal Procedure, 1973 with the case laws. [Guj JS 2017]

Q. 12. What do you understand by the doctrine of "autrefois acquit" and "autrefois convict"? How does it ensure a fair trial?

X strikes B on the head with a lathi, causing a fracture. X is tried on the charge under section 325 Penal Code before a Metropolitan Magistrate. The Court allows a composition under section 320 CrPC and X is acquitted. B subsequently dies and X is placed on trial before the Court Sessions under section 304 Penal Code. Can the trial validity proceed in terms of section 300, CrPC? [Punj JS 1998]

Q. 13. A and C were good friends. During their friendship C developed intimacy with B, sister of A. One day A saw B and C sitting together close to each other in a park and C was taking liberty with her (B). A lost his tamper and stabbed C, twice in his abdomen with the knife which A carried in his pocket. C was admitted to hospital and was reported improving. Meanwhile A, was tried for causing grievous hurt to C and was convicted. Soon after A's conviction which had become final C's condition deteriorated and he died of stab wounds. A was put to trial again for the offence of culpable homicide not amounting to murder. Can the trial validity proceed in terms of section 300 of Criminal Procedure Code? Or can A succeed in taking the defence of double jeopardy to protect himself from subsequent trial? [Puni JS 1999]

Q. 14. Over a property dispute between two brothers, H, the elder brother, strikes L on the head with a stick causing a fracture of the skull. He is tried on a charge of grievous hurt under section 325 of IPC before a Magistrate of first class. The Court allows the compounding of the offence, accordingly H and L enter into a compromise and H is acquitted as a result of it under section 320 of Criminal Procedure Code. L subsequently died of injury caused by H and, therefore H is placed on trial before a Court of Sessions for an offence under section 304 of IPC (culpable homicide not amounting an order).

H contends that the trial cannot proceed as it is violative of his Fundamental Right guaranteed to him under Article 20(2) of Indian Constitution as well as protection given to him under section 300(1) of the Criminal Procedure Code, 1973.

As an expert in the matter, kindly state your legal opinion so that matter can be taken up accordingly. [Punj JS 2000]

Q. 15. "In every enquiry or trial the proceedings shall be held as expeditiously as possible and in particular when the examination of witnesses has once begun, the same shall be continued from day to day until all witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded." [Section 309(1) of Criminal Procedure Code, 1973]

In the light of above statement, state concept of "Speedy trial" and its significance. Authoritative judgments of the Supreme Court of India may be quoted to support your answer. [Pj JS 2000]

Q. 16. A is tried for causing grievous hurt and convicted. The person injured afterwards dies. Can A be tried again for Culpable Homicide? [Punj JS 2001]

Q. 17. A is tried for causing hurt and convicted. The person injured afterwards dies. Can A be tried again for culpable homicide? [Punj JS 2003]

Q. 18. Eleven cases of misappropriation of bank money under section 467/468, IPC were pending against C in a Court. After the completion of prosecution evidence, one case had reached the stage of recording the statement of accused under section 313, Cr.P.C. An application was moved by C to defer the recording of his statement under section 313, Cr.P.C. till other ten cases had reached the stage of recording statement of accused under section 313, Cr.P.C. as he could not be forced to reveal his defence. Discuss the legality of this application. [Punj JS 2007]

Q. 19. Discuss and explain the maxim "it is an established rule of criminal law that a man may not be put twice in peril for the same offence." Point out the exception, if any. [Punj JS 2010]

Q. 20. Write short note on Incriminating evidence [Punj JS 2015]

Q. 21. Write notes on Withdrawal from prosecution. [BJS 1978]

Q. 22. A is tried for causing grievous hurt and is convicted. The person injured afterwards dies. Can A be tried again for culpable homicide? [BJS 1979]

Q. 23. Under what circumstances can evidence be recorded in absence of an accused? [BJS 1979]

Q. 24. Does an accused person render himself liable to punishment by refusing to answer questions under Section 313 of the Code of Criminal Procedure or by giving false answers to such questions and whether oath is to be administered to him while he is under examination under this section ? [JJS 2001]

Q. 25. Persons once convicted or acquitted cannot be tried again for some offence. [HJS 1984]

Q. 26. Powers of the Court to examine accused in every enquiry or trial. [HJS 1984]

Q. 27. An accused was acquitted due to lack of evidence. He was again prosecuted for the same offence, additional evidence was supplied and he was convicted by the magistrate. Examine the legality of the order. [UPJS 1991, HJS 1996]

Q. 28. "Person once convicted or acquitted, cannot be tried again on the same facts for the same offence". Elucidate. [HJS 2009]

Q. 29. A is tried and convicted for causing hurt to B. He is again charged and tried for causing grievous hurt on the same facts. Examine the legality [HJS 2009]

Q. 30. A is tried for causing grievous hurt to B and convicted. Afterwards B dies of the same wounds. He is again tried for committing culpable homicide. Examine the legality. [HJS 2009]

Q. 31. A, B, C and D were tried by a Second Class Magistrate for the offence of cheating X. A and B were convicted under Section 420 I.P.C., but C and D were acquitted. A and B went in appeal and the appellate court set aside the conviction of A and B holding that the whole trial was void as a Second Class Magistrate could not try a case under Section 420 of I.P.C. X again prosecutes C and D for the same offence on the same facts. C and D set up their previous acquittal in bar of their trial. Decide giving reasons. [RJS 1969]

Q. 32. Who is an approver? Why do criminal courts recognise him? What are the provisions for reception of his evidence and for tendering him pardon? When may the tender of pardon be withdrawn? [RJS 1971]

Q. 33. An accused before a Court of Sessions has no means to engage a pleader. What must the Sessions Judge do in such a case? [RJS 1984]

Q. 34. Who is an 'approver'? [RJS 1984, 1994]

Q. 35. Who can withdraw a criminal prosecution? Does the Court have any role to play in the withdrawal of prosecution? If so, what is its role? [RJS 1984]

Q. 36. Is it permissible in law for an accused to give evidence in his own favour in a criminal trial? Can the Court, if it considers necessary, direct an accused to give evidence in his case, and draw an adverse inference against him if the accused refuses to do so? [RJS 1984]

Q. 37. Can a Judicial Magistrate examine an accused u/s 313, Cr.P.C., 1973 immediately after recording the statement of an eye-witness? [RJS 1986]

Q. 38. Can a condition regarding payment of compensation be imposed while granting permission u/s 320 (2), Cr.P.C;, 1973 to compound a case? [RJS 1986]

Q. 39. Write the offences for which a court can tender pardon to an accomplice? [RJS 1986]

Q. 40. Accused A faced trial before magistrates. During the trial his personal attendance was exempted through a lawyer. After the prosecution evidence was closed. Magistrate ordered to produce accused A. A's counsel submitted that A did not want to reply any question and would not raise question of prejudice at any stage. Reply following questions—

(i) Can the magistrate compel the attendance of the accused in the court to answer questions?

(ii) If convicted, can the accused say in appeal that he was prejudiced because he was not examined? [RJS 1989]

Q. 41. If a Magistrate is of opinion after hearing the evidence for the prosecution and the accused that the accused is guilty and that he ought to receive a more severe punishment than that which such Magistrate is empowered to inflict, what should be done by the Magistrate? [RJS 1991]

Q. 42. At what stage an accused is examined in a criminal trial? What questions must be put to him? [RJS 1994]

Q. 43. An accused is, by reason of his previous conviction, liable to enhanced punishment. Can his offence be compounded? [RJS 2011]

Q. 44. It is alleged that A, B, C and D had entered into a conspiracy at Bombay in October 1959 for the purpose of smuggling goods into India and that in pursuance thereof had smuggled foreign goods. In the enquiry held by the Collector of Customs in this connection, the Collector found C and D guilty and ordered confiscation of the goods. He also imposed penalty of Rs. 50,000/- on C and D. He, however, gave benefit of doubt to A and B and acquitted them. Latter in 1965, the Assistant Collector of Customs, after obtaining the necessary sanction of the Government, filed a complainant in a Magistrate's court against A, B, C and D under section 120B, I.P.C. read with the relevant provisions of Sea Customs Act as well as Imports and Exports (Control) Act, making the same allegations of conspiracy and smuggling.

The Defence counsel pleads:

(i) the prosecution is barred under section 403 (New 300) Cr.P.C.

(ii) under any circumstances, the finding of Collector, that A and B are not proved to be guilty, operates as an issue of estoppel in this case against A and B.

How will you decide as to these pleas? [DJS 1973]

Q. 45. State the principle of autre fois acquit and autre fois convicts as incorporated in Cr.P.C. and say how Rule of Issue of Estoppel differs from it? [DJS 1980]

Q. 46. District Magistrate promulgated an order under section 144 Cr.P.C. on April 25 banning public meeting and processions. Bir Singh led a mob to defy order. Mob pelted stones as a result of which some persons including police personnel sustained injuries. A FIR was registered under sections 114, 149, 332 and 307 I.P.C. Some days latter Bir Singh was arrested and charge-sheet was filed in Court. On May 12, a complaint under section 188 I.P.C. in connection with the same incident was filed alleging that Bir Singh had disobeyed the order passed under section 144 Cr.P.C. by forming himself along with 2000 men into an unlawful assembly. He pleaded that he was not present at scene of occurrence. In appeal, the Sessions Judge vide order date July 30 acquitted him holding that he might not be present in the incident on April 25.

In connection with his trial under sections 114,149, 332 etc. it is contended that he cannot be prosecuted again and convicted due to his acquittal for the offence under section 188. Decide objection and also say if Rule of Issue of Estoppel can help him any way. [DJS 1980]

Q. 47. "It shall be the duty of the Public Prosecutor to inform the court and it shall be the duty of the court to apprise itself of the reasons which prompt the Public Prosecutors to withdraw from the prosecution." Rajinder Kumar Jain & others v. The State of Haryana, AIR 1980 SC 1510. Amplify. [DJS 1982]

Q. 48. N lodged a report with the police against H, father of P a minor girl of 17 years, alleging that the house of H was visited by persons of bad repute and that P had immoral relations with them. H filed a complaint for defamation against N, but it was compounded on the accused tendering apology. Subsequently, P filed a complaint for defamation in respect of the same matter against N, it was contended on behalf of N that the previous acquittal was a bar. Decide. [DJS 1991]

Q. 49. Write short notes on Doctrine of Bar of antrefois acquit and antre fois convict". [DJS 1996]

Q. 50. After recording of evidence of both the parties, defendant applies for additional evidence on the ground that one material witness, who was out of country had since returned to India. Decide. [DJS 2005]

Q. 51. A police report is filed for the alleged commission of offence punishable under section 420 read with Section 34 IPC (cheating in furtherance of common intention) against ABCD. A and B abscond and the trial proceeds only against CD. On appraisal of evidence, the court acquits CD. Later, A and B are apprehended. On being produced in the court, A B make an application purporting to be under Section 245(2) Cr. PC and Section 300 Cr.PC for dropping of the proceedings on the ground that their co-accused CD have been acquitted and it would be an exercise in futility to proceed against them; It is contended that they are deemed to have faced trial in absentia and having been so tried they cannot be tried again for the same offence. Decide the application of A B. [DJS 2006]

Q. 52. Whether the Court of Sessions is competent to take cognizance of any offence directly against any person in the course of taking evidence who was previously not made accused? Explain with procedure? [MPJS 1998]

Q. 53. Describe the procedure when a magistrate cannot pass a sentence sufficiently severe. [MPJS 2003]

Q. 54. What is examination of accused? At what stage and for what purpose it is done? Under what circumstance and to what extent a conviction can be based on admission made during such examination. [MPJS 2011]

Q. 55. Write short note on Tender of pardon [MPJS 2014]

Q. 56. Section 300 of the Criminal Procedure Code provides that a person once convicted or acquitted is not to be tried again for the same offence. What shall be the correct position in the following cases?

(i) A is tried for causing grievous hurt and convicted. The person injured, afterwards dies.

(ii) A is tried for culpable homicide of B, by the Sessions Court and is convicted. Can

A be tried again on the same facts for the murder of B? [UPJS 2006]

Q. 57. A commits an offence of defamation against B and is tried under Section 501 of the Indian Penal Code, 1860. B dies during the trial. A wants to compound the offence. Is it possible? If yes, how? [RJS 1999]

Q. 58. An accused, duly defended by a counsel, is facing trial in a criminal court. On one date of hearing, his counsel, being ill, is unable to come. On that date, the accused guided by his intuition, moved an application to the court for permitting him to appear as his own witness for the defence. The request is allowed. The accused submits that he will appear as a witness on the next date.

On the adjourned date the accused retracts and states to the Court that he has been instructed by his Counsel not to appear as a witness.

The prosecutor assails this conduct of the accused as inculpatory and makes adverse comments against the accused for his failure to give evidence. The prosecutor also urges the Court to draw an adverse presumption against the accused.

How will you decide? [DJS 1982]

Q. 59. X is facing criminal proceedings for the commission of offences under Sections 506 and 195A of the Indian Penal Code. The Public Prosecutor files an application to withdraw from the prosecution stating that the Government had no objection to the withdrawal. He files a Government Notification in that regard. Decide. [DJS 2019]

Q. 60. X, a blind by birth, is facing trial for commission of offence under section 302, IPC. The prosecution closed its evidence and the matter was listed on 10-10-2019 for recording X's statement under section 313 of the CrPC. Before that, on 15-9-2019 X moved an application to supply copy of questionnaire in advance to enable him to file written statement to understand the questions with a calm mind and to respond completely and correctly which would not be possible if he was taken by surprise by putting questions spontaneously. The application is opposed by the prosecution stating that the accused was present during trial and was represented by an advocate. The purpose of the accused in moving the application is to delay the proceedings. Decide. DJS 2019

Q. 61. After conclusion of evidence but before judgment. Prosecutor applied under section 311 Cr.P.C. for summoning (i) Senior Scientific Officer of C.F.S.L. to prove report (ii) Director of Explosives to give reasons for his opinion that bullet 'Pl' could be fired from gun 'P2' only (iii) Head constable to prove entries of Malkhana Register.

Accused also moved application for recalling the eye-witness already examined for further Cross-examination by new counsel appointed after death of previous counsel. Decide both application after mentioning the arguments in favour and against each application. [DJS 2000]

Q. 62. X on hearing that his brother Y was being beaten up by an iron by Z reached the spot. He found the accused abusing and saying to the victim that he would not let him remain alive. On seeing X and other coming he ran away. X removed his injured brother to the hospital where Y died. X reported the matter to the police naming Z as the sole accused of crime. During interrogation two witnesses claimed to have seen and heard before hand A, brother of Z, to have exhorted the accused to kill the deceased where after the actual assailant is said to have assaulted the deceased. Police filed challan against Z on the basis that A was not involved in the crime. X moved application before the Magistrate to summon A also so as to send him to stand trial alongside Z before the Court of Sessions. Decide X's application. [DJS 1996]

Q. 63. X was charged under section 338, I.P.C. for causing grievous hurt to Y by doing an act so rashly and negligently as to endanger human life. After the evidence had been recorded, both X and Y moved the Court for permission to compound the said offence. The Magistrate refused permission on the ground that the compensation paid by X to Y was mearge. Discuss the legality of the order. [DJS 1991]

Q. 64. Discuss with case laws, whether any additional person not arrayed as an accused, be impleaded and proceeded against as an accused, during the course of trial. [Guj JS 2017]

Q. 65. Write comprehensive notes on autrefois acquit and autrefois convict. [HJS 2019]

Q. 66. What do you understand by the doctrine of autrefois acquit and actre fois convict? How does it ensures fair trial? [JJS 2019]

Q. 67. Do you agree that putting entire incriminating evidence to the accused under section 313 of the CrPC is a futile exercise when entire evidence is recorded in his presence. [DJS 2019]

Q. 68. What stage can a magistrate of the first class tender a pardon to an accused? Is it necessary that such an accomplice be examined before the committing magistrate as a witness? [RJS 1989]

Q. 69. FIR is registered against unidentified persons under Section 420/34 IPC (Cheating in furtherance of common intention). After the completion of investigation, the police files its report of investigation naming two persons A and B of having allegedly committed the offence. The magistrate, on consideration of the evidence collected during the investigation and presented along with the report, finds that apart from A and B sent for trial by the police, C and D are also liable to the summoned and he accordingly summons ABCD to appear in the court to face trial. At the stage of hearing of arguments on charge. Public Prosecutor for the State contends that from the evidence already before the court, two more persons E and F appear to have also committed the same offence for which ABCD are facing trial. The court appears to be convinced with the submission of the prosecution. There is no serious opposition from the side of ABCD. Write an appropriate order highlighting the power of the court to proceed against other persons appearing to be guilty of offence being tried by the court. [DJS 2006]

Q. 70. B is tried for causing grievous hurt to A and convicted. While B was undergoing his sentence in jail. A dies on account of the aforesaid grievous hurt.

Whether the aforesaid case may be re-opented or B may be tried again on a second case for causing culpable homicide? Reply with the help of provisions and leading cases. [UPJS 2013]

Q. 71. What is the role of a Public Prosecutor in a criminal trial. Under which circumstances can be withdraw from prosecution? [DJS 2019]

Q. 72. What are the remedies before the appellate court if an incriminating circumstance/ evidence is not put to the accused under section 313 of the CrPC? [DJS 2019]

Compounding of Offence (S. 320)

Q. 1. Explain and distinguish between compoundable and non-compoundable offences. [BJS 1991]

Q. 2. A marries again during the life-time of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary? [RJS 1989]

Q. 3. Whether the offence of voluntarily causing grievous hurt can be compounded? [RJS 1991]

Q. 4. Is section 320 Cr.P.C. exhaustive of compoundable cases or bailable cases punishable with imprisonment upto one year in I.P.C. or other laws be also compounded? Discuss. [DJS 2000]

Q. 5. Discuss the provisions relating to compounding of offences. [MPJS 2013]

Q. 6. A Commits an offence of publishing defamatory matter against B and is tried under section 501 of the Indian Penal Code, 1860. B dies during the trial. A wants to compound the offence. Advise. [UPJS 1997]

Q. 7. Can the offence of cheating punishable under section 417 I.P.C. be compounded? If yes, under what circumstances? [RJS 1991]

Q. 8. Compoundable offences are listed in section 320 of Cr.P.C. Discuss if the Court could compound any other offences? [Punj JS 2015]

Q. 9. Write notes on Compounding of offences. [BJS 1978]

Accused Persons of Unsound Mind (Ss. 328-339)

Q. 1. Describe the procedure laid down in the Code of Criminal Procedure for the trial of an accused where he is lunatic or of unsound mind. [BJS 1991]

Offences Affecting Administration of Justice (Ss. 340-352)

Q. 1. S and N forged a partnership deed in league with the officials of the Income-tax Department. S filed a civil suit, produced a copy of the said partnership deed, and obtained an ex parte interim injunction restraining R from interfering with the possession of certain property. R filed a complaint against S, N and others before a Magistrate for the offences under sections 120-B, 465, 468, 471 and 474 I.P.C. The Magistrate refuses to take cognizance of the complaint without a complaint in writing by the Civil Court. Decide the validity of the order. [DJS 1990]

The Judgment (Ss. 353-365)

Q. 1. Consideration for awarding sentence to a convict. [DJS 2022]

Q. 2. The legitimate expectations of a victim of crime from the State. [DJS 2022]

Q. 3. A, a young lady of 20 years was selling milk after mixing it with water. On being put to trial, A was convicted by the Magistrate for the offence u/s 272 I.P.C. On appeal the conviction was confirmed by the sessions judge. Whether the judgment delivered by both the courts is correct? [RJS 1986]

Q. 4. Write comprehensive notes on Victim Compensation Scheme. [HJS 2019]

Q. 5. "Under the new Code of Criminal Procedure, 1973, the unmistakable shift in legislative emphasis is on life imprisonment for murder as the rule and capital sentence an exception to be resorted to for reasons to be stated." Justify the statement by explaining the judicial trend and the provisions in the Code of. Criminal Procedure, 1973 that refer to "special reasons" and "pre-sentence hearing". [HJS 2019]

Q. 6. Critically examine the guidelines for the exercise of the discretion not to punish in section 360 Criminal Procedure Code, 1973. [HPJS 2019]

Q. 7. State briefly the provision related to section 357 of Cr. P.C. in the light of state amendment of Madhya Pradesh. [MPJS 2016]

Q. 8. What is the mode of delivery of a Judgment? Can a Court alter a judgment after it has been delivered? [HJS 2000]

Q. 9. Accused A fails to appear on the date of judgment. Should the Court deliver judgment:

(i) if A is to be sentenced to imprisonment?

(ii) if A had been granted exemption from personal attendance during trial? [HJS 2000]

Q. 10. State the cases in which and the persons to whom the court can direct the accused to pay compensation. [RJS 1977]

Q. 11. What must a court do when it finds that an accused before it who is less than 16 years of age, is found guilty of an offence punishable with a maximum sentence of seven years rigorous imprisonment? [RJS 1984]

Q. 12. Can compensation be awarded to a complainant? If so, under what circumstances? [RJS 1986]

Q. 13. What are the provisions for awarding compensation to a person groundlessly arrested? [RJS 1986]

Q. 14. How a judgment is pronounced by the court? A Magistrate orally pronounced a judgment convicting B u/s 323 I.P.C. and sentenced him for 2 months. Next day when judgment was typed and signed the sentence written was 2 months and fine of Rs. 100/- and in default further to go simple imprisonment for 3 days. Which judgment is to prevail? [RJS 1986]

Q. 15. What provisions have been made in Criminal Procedure Code regarding probation? [RJS 1991]

Q. 16. What are the provisions regarding probation in Cr.P.C.? [RJS 1994]

Q. 17. At what stages of the trial can an order to release on probation be passed? [RJS 2011]

Q. 18. Discuss the provisions of the Code of Criminal Procedure, 1973 in relation to grant of compensation to the persons groundlessly arrested. [RJS 2014]

Q. 19. Discuss the provisions relating to Victim Compensation Scheme prescribed under Section 357A, grant of compensation as per Section 357B and treatment of victims as per provisions of Section 357C of the Code of Criminal Procedure, 1973. [RJS 2014]

Q. 20. Examine briefly the powers of the sentencing court to release a convicted person on probation of good conduct. [DJS 1989]

Q. 21. Principles governing the award of compensation under Section 357 of the Code of Criminal Procedure, 1973. [DJS 2011]

Q. 22. Write Short note on Right of the victim of crime to compensation [DJS 2014]

Q. 23. What is Judgment under the Criminal Procedure Code, 1973? What are the essentials to be shown in a Judgment? Discuss. [UPJS 2006]

Q. 24. Write short note on Right of the victim of crime to compensation. [Guj JS 2017] O. 25. Can the Court when it has signed its judgment or final order disposing of the case alter or review the decision? [RJS 1980-81]

O. 26. Explain and discuss the difference in a Summons Case and a Warrant Case. [HJS 1984]

Q. 27. What is 'judgment' under the Criminal Procedure Code, 1973? What are essentials to be incorporated in a judgment? Discuss. [UPJS 2016]

Q. 28. Is an accused entitled to get copies of Judgment free of charge? Can any other person also get it? [1991]

Q. 29. Discuss the scope and objective of Section 357A, 357B and 357C of the Cr.P.C. [HPJS 2018]

Submission of Death Sentence for Confirmation (Ss. 366-371)

Q.1. What are the provisions contained in Criminal Procedure Code regarding death sentence? WS 2000]

Q. 2. A Sessions Court has passed the sentence of death against an accused person. What must the Court of Sessions do after passing the sentence? [RJS 1984]

Q. 3. How many judges are minimum required for confirming a death sentence? [RJS 1994]

Appeals (Ss. 372-394)

Q. 1. In what circumstances State Government can file an appeal against acquittal in Sessions Court? [MPCJ 2022]

Q.2. How a 'victim' as defined in the Code of Criminal Procedure has a right of appeal in view of the proviso to Section 372 of the Code against an order of acquittal in a case where the alleged offence took place prior to 31.12.2009 but the order of acquittal was passed by the trial Court after 31.12.2009? If yes, whether the 'victim' must apply for leave to appeal against the order of acquittal? [HJS 2019]

Q. 3. The investigating agency files a charge sheet against A for commission of offences to be tried as 'Warrant case'. The magistrate tries him following the procedure prescribed for a 'summons trial' case and convicts him. A challenges the conviction before the appellate court and seeks a de-novo trial. Elucidate the powers of an appellate court to order re-trial under Section 386 of the Code of Criminal Procedure. [DJS 2019]

O. 4. The right to Appeal is a Statutory Right. Explain with the help of case law. [HPJS 2018]

Q. 5. Explain Appeal against acquittal UJS 2017]

Q. 6. "No appeal would lie unless provided by Law." Discuss the statement and refer to relevant provisions of the Code of Criminal Procedure, 1973. [JJS 2014]

Q. 7. What is the scope of criminal appeal and revision? When can a revision be filed and in which court and on what grounds? [HJS 1986]

Q. 8. Whether appeal is a right under the natural law or a creation of state? [HJS 1996]

Q. 9. Discuss those cases where no appeal is provided under the Criminal Procedure Code? [HJS 1996]

Q. 10. A pleads guilty and is convicted by the High Court. Will an appeal lie? [HJS 1996]

Q. 11. Whether an appeal lies against acquittal? If so, in what court? [HJS 1996]

Q. 12. Who can appeal against an original or appellate order of acquittal passed by a Sessions Judge, and how can such an appeal be preferred? [RJS 1984]

Q. 13. To what extent does an appeal lie against conviction of plea of guilty? [RJS 1986]

Q. 14. 'Every criminal appeal shall finally abate on the death of the appellant.' Is there any exception to this rule? [RJS 1991, 1994]

Q. 15. Narrate the appellate powers of High Court in criminal cases. [RJS 1991]

Q. 16. When is an appeal not abated on the ground of death of the accused? [RJS 1999]

Q. 17. Whether the State Government can file appeal against the order of acquittal? [RJS 2015]

Q. 18. When can the State Government file an appeal against a sentence? [MPJS 2003]

Q. 19. Explain the powers of appellate Court in criminal matters. [MPJS 2006]

Q. 20. Whether a criminal appeal can be dismissed without considering merits on the ground of absence of appellant? [MPJS 2006]

Q. 21. (a) No appeal lies in petty offences. What are petty offences according to Cr.P.C.

(b) Is the State government entitled to file appeal against the order of acquittal of the accused? What is its procedure? [UPJS 1988]

Q. 22. A first class Judicial Magistrate convicts an accused and fines ten rupees only. Accused wants to go in appeal. Advise. [UPJS 1991]

Q. 23. A is tried by a Court of Session and he is convicted. The Court Passes a sentence of imprisonment for 2 months and Rs. 200 as fine. A wants to file an appeal in the High Court against his conviction. Advise. [UPJS 1997]

Q. 24. A faces the charge of committing murder of his friend B. The trial court acquits him of the charge for lack of evidence. The State challenges the acquittal in appeal. The High Court declines leave to appeal. Can W—wife of the deceased maintain an appeal against the acquittal? [DJS 2019]

Q. 25. A was sentenced for life imprisonment for offence u/s 302 I.P.C. by the Sessions Judge. A moved an appeal against the sentence to the High Court, who in turn upheld the sentences of life imprisonment, but also imposed a fine of Rs. 5000/- and in default to undergo a rigorous imprisonment for two years. Where order is wrong and how? [RJS 1986]

Q. 26. A was the victim of an attack on the night of 6-2-2009. He lodged an FIR with the police and after necessary investigations, charge-sheet was filed before the court against the accused for commission of various offences under the IPC. The Sessions Court acquitted the accused by a judgment and order dated 28-10-2013. Aggrieved thereby, A preferred an appeal in the High Court under section 372 of the CrPC. It was dismissed as being not maintainable, as the proviso to section 372 of the CrPC came into the Statute book with effect from 31-12-2009. He preferred another appeal in the High Court now under section 378(4) of the CrPC. It was again dismissed by the High Court being not maintainable as it was not an acquittal in a complaint case. State has preferred not to challenge the order of acquittal. A challenges the decision of the High Court before the Supreme Court. Decide. [DJS 2019]

Q. 27. Whether an accused in appeal from acquittal can be arrested and committed to prison pending the disposal of the appeal? Discuss. [UPJS 2018]

Q. .28. Suspension of sentence and Bail [DJS 2019]

Q. 29. Suspension of sentence and Suspension of conviction [DJS 2019]

Q. 30. Seven persons including Rajoo are allegedjo-have gang-raped G. The trial court convicted all of them for the offence and sentenced each one of them to rigorous imprisonment. Appeals were filed before the High Court and the High Court set aside the conviction of 5 but upheld the trial of Rajoo and Vinay. Vinay accepts the verdict but Rajoo appealed to the apex court. The apex court noticed that the appellant Rajoo was not represented in the High Court. If you. were the judge, what would you do under the circumstances? Decide referring to the relevant case law. [Punj JS 2015]

Reference (Ss. 395-396)

Q. 1. Distinguish between reference and revision. [HJS 1988]

Q. 2. In what type of cases can a Court make a reference to the High Court? [RJS 1984]

Q. 3. In case of sentence of death, who can submit the proceedings to High Court? What are the powers of High Court on reference? [MPJS 2001]

Revision (Ss. 397-405)

Q. 1. Explain the jurisdiction and powers of the Court of Sessions and of the High Court in revision proceedings. [HJS 2000]

Q. 2. What is an interlocutory order? Does a revision lie against such order? [RJS 1977]

Q. 3. Sessions Judge has rejected the petitioner's revisional application. Can he challenge the order in revision before the High Court? [RJS 1980-81]

Q. 4. What is the nature of the revisional jurisdiction of the High Court? [RJS 1984, 1994]

-Q. 5. What are the grounds of Revision according to Criminal Procedure Code? [UPJS 1988]

Transfer of Criminal Cases (Ss. 406-412)

Q. 1. What is the power of the Supreme Court and the High Courts to transfer cases and appeals? State the law fully. [RJS 1979]

Q. 2. A, an accused of economic offences, alleges that on account of certain remarks made by the judge he apprehends that judge is prejudiced against him. Can a case be transferred by the High Court. Decide the above cases giving arguments from both side. [RJS 1979]

Q. 3. A, an accused of rape, pleads for the transfer of the case on the averment that the entire city was against him and whenever he is taken to the court there are huge demonstrations against him and people try to hit him with stones, and in such circumstances no one was willing to come forward to give evidence in his favour. Can a case be transferred by the High Court. Decide the above cases giving arguments from both side. [RJS 1979]

Q. 4. Cart a criminal trial be transferred from one state to another? If so by whom? [RJS 1984, 1994]

Q. 5. Who can transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court? Who must apply for such transfer? [RjS ]

Levy of Fine (Ss. 421-424)

Q. 1. Whether fine is recoverable from the assets of the deceased offender? If so, under what law? [RJS 1986]

Q. 2. How fine is recovered? . [RJS 1986]

General Provisions Regarding Execution (Ss. 425-431)

Q. 1. What are the principles to be followed by a Court while exercising its powers under section 427, CrPC, as regards concurrent running of sentences ? [HJS 2022]

Q. 2. Whether the period of detention undergone by an accused is set off against the sentence of imprisonment? If so, to what extent and under what law? [RJS 1986]

Q. 3. A, an accused was arrested on 1-12-1985 for the offence u/s 302, 307 I.P.C. After investigation the challan was submitted on 27-1-1986. The trial concluded on 1-12-1987. A was sentenced for life imprisonment u/s 302 I.P.C. and for 7 years u/s 307 I.P.C. Reply the following questions—

To what extent the accused is entitled to set off? [RJS 1986]

Suspension, Remission and Commutation of Sentences (Ss. 432-435)

Q. 1. A, an accused was arrested on 1-12-1985 for the offence u/s 302, 307 I.P.C. After investigation the challan was submitted on 27-1-1986. The trial concluded on 1-12-1987. A was sentenced for life imprisonment u/s 302 I.P.C. and for 7 years u/s 307 I.P.C. Reply the following questions— To what extent the appropriate Government can commute his sentence? [RJS 1986]

Q. 2. Discuss the law relating to power to commute the sentence. [RJS 2014]

Q. 3. Write short notes on remission and suspension of sentence. [DJS 2015]

Q. 4. Who can commute sentences? [RJS 1994]

Bail & Bail Bonds (Ss. 436-450)

Q. 1. Write Short-notes on:—Cancellation of bail. [MPCJ 2021]

Q. 2. Explain the circumstances in which release on bail is mandatory? [MPJS 2019]

Q. 3. What is bail? In what cases direction for grant of bail to any person apprehending arrest, may be given under section 438 of the Cr.P.C.? [HPJS 2016]

Q. 4. When may be a bail taken in case of a non bailable offence? [BJS 1978]

Q. 5. When can bail be granted to a person accused of non bailable offence? [BJS 1979]

Q. 6. Give a brief account of principle regarding bail in criminal cases. Can a bail be demanded as a matter of right? [BjS 1986]

Q. 7. Discuss in detail the. provisions relating to anticipatory bail provided in the Code of Criminal Procedure, 1973. [BjS 1991]

Q. 8. When can bail be granted? What are the remedies available to a person to whom bail is refused by the Court? [BJS 2000]

Q. 9. "Bail can only be a matter of discretion if the offence is non-bailable and the scope of discretion depends upon various considerations." Discuss. [BJS 2011]

Q. 10. Write notes on anticipatory bail. [HJS 1984]

Q. 11. What is meant by anticipatory bail? Under what provision of law it may be claimed?

By which courts it may be granted? Can you cite some Supreme Court judgment on the matter? [HJS 1999]

Q. 12. In similar cases one court grants the bail while another court refuses the bail. Why it is so? What are the principles governing the grant of bail in bailable and non-bailable offence? Support your answer by some decision. [HJS 1996]

Q. 13. Point out the limitation in the entertainment of a second bail application. [HJS 1996]

Q. 14. The chief judicial magistrate of Amritsar granted anticipatory bail to an M.L.A. as he was apprehending arrest in a murder case and issued necessary directions. Examine the validity of the order. [HJS 1996]

Q. 15. Give a critical appraisal of the provisions relating to anticipatory bail in the Code of Criminal Procedure, 1973. lHJS 19981

Q. 16. Discuss the guiding principles for the grant of bail in bailable and non-bailable offence. [HJS 1998]

Q. 17. Describe the categories of persons who may be released on bail by a court other than the High Court or Court of Sessions, even if there appears reasonable grounds for believing that such person had been guilty of non-bailable offence. [HJS 1999]

Q. 18. Analyse the provisions about the grant of anticipatory bail. Can anticipatory bail be allowed in a murder case? If so, when? [HJS 2000]

Q. 19. What is the difference between ordinary bail and anticipatory bail? [HJS 2000]

Q. 20. Examine the circumstances in which a person accused of the commission of any non- bailable offence can be released on bail. [HJS 2006]

Q. 21. Discuss the situations in which Anticipatory bail can be granted? [HJS 2006]

Q. 22. Discuss provision of bail available to an under trial under sections 436 and 437 of Cr.P.C.

vis-a-vis section 436A inserted by the Code of Criminal Procedure (Amendment) Act, 2005. Evaluate the significance of insertion of section 436A in Cr.P.C. [HJS 2011]

Q. 23. A was charged with murder of B. When A was taken into custody, he sought bail.

The Sessions Court denied him bail. He approached the High Court. The High Court granted him bail under Section 437 of Cr.P.C. The complainant wants to question the bail. Examine and decide.

(a) Whether complainant can question the bail?

(b) On what grounds can the bail be cancelled?

(c) What does the term 'judicial discretion' imply?

(d) Can bail be granted on parity of reason. [HJS 2015]

Q. 24. What are the guiding principles for the decision of an application for grant of bail in a case involving non-bailable offences? Are the powers of a Magistrate and a Sessions Judge the same in this behalf? [RJS 1969]

Q. 25. A was put for trial under section 324 I.P.C., a bailable offence, for causing hurt by a dangerous weapon and had been granted bail by the court trying him. On taking all the prosecution evidence and examining the accused, the Magistrate framed a charge against A under section 326 I.P.C. for causing grievous hurt by a dangerous weapon which is a non-bailable offence. The prosecution applies to the court to cancel A's bail and to commit him to custody pending his trial. A pleads that when once enlarged on bail his bail cannot be cancelled. Decide, giving reasons. [RJS 1969]

Q. 26. Please give in details the procedure prescribed for the forfeiture of bail bonds and surety bonds. If a person required by a court to execute a bond is a minor then how the court shall deal with the matter of the execution of bond by such a person? [RJS 1974]

Q. 27. Please describe the procedure to be followed by a Criminal Court for the forfeiture of a bail bond for the appearance of an accused in court on the accused absenting himself on a date of hearing. [RJS 1974]

Q. 28. Can a bail bond for the appearance of an accused in a court at place A be forfeited on the failure of the accused to appear before another court at place B on the transfer of the case to that court? [RJS 1974]

Q. 29. Can a magistrate grant bail to an offender who has been guilty of an offence punishable with death or imprisonment of life? If yes, then in what circumstances an offender can be enlarged on bail? [RJS 1975]

Q. 30. Can there be bail before arrest? If so, state the circumstances and conditions in which such bail can be granted and by whom? Explain. [RJS 1977]

Q. 31. What is an anticipatory bail? Under what circumstances can it be granted? Discuss the law in the light of the latest Supreme Court judgments. Can A be granted anticipatory bail in the case? Give arguments on both sides supported by case law. [RJS 1979]

Q. 32. A, a political leader and a Cabinet Minister in a former State Government applies for anticipatory bail averring that the Government is planning to prosecute him for his alleged involvement in Emergency excesses and the investigations are in progress in several Districts. He apprehends that he may be arrested at any time. Can A be granted anticipatory bail in the case? Give arguments on both sides supported by case law. [RJS 1979]

Q. 33. A alleges that he had been falsely implicated in the murder of X, a political opponent, and is likely to be arrested at any time. He applies for anticipatory bail. Can A be granted anticipatory bail in the case? Give arguments on both sides supported by case law. [RJS 1979]

Q- 34. Can bail be taken in case of non-bailable offence? [RJS 1980-81]

Q. 35. What do you understand by anticipatory bail? Which court can grant anticipatory bail? [RJS 1984]

Q. 36. What are the considerations which must weigh with the Court in the matter of grant of bail to an accused? [RJS 1984]

Q. 37. Whether bail can be refused in a bailable offence? If yes, then by whom and in what circumstances? [RJS 1986]

Q. 38. Under what circumstances a police officer can release an accused on bail after his arrest for a cognizable offence but which is not bailable? [RJS 1989]

Q. 39. A committed an offence at Calcutta. He then came to Ajmer. Police arrested him at Ajmer on the basis of a warrant issued by a court of Calcutta. Can A be granted bail at Ajmer? If so, by whom? [RJS 1989]

Q. 40. When bail can be taken in non-bailable offences? [RJS 1991]

Q. 41. Write short note on Anticipatory Bail. [RJS 1991, MPJS 2009]

Q. 42. What is an Anticipatory Bail? Which court can grant it, and on what conditions? [RJS 1994]

Q. 43. What are considerations for grant of bail? When can bail be cancelled? [RJS 1994]

Q. 44. What is a "non-bailable" offence? State the circumstances whereunder an accused is entitled to be released on bail. [RJS 1999]

Q. 45. A first information report has been lodged against A for cheating and dishonestly inducing delivery of property. By developing your own facts pertaining to the offence referred above, write an application on behalf of A to have direction for grant of bail apprehending arrest. [RJS 2014]

Q. 46. An accused applies for anticipatory bail for the offence under section 409 I.P.C. The public Prosecutor opposes the bail for the mere reason that the punishment provided therefor is imprisonment for life. He argues that the exception contained in section 437(1) Cr.P.C. should govern the grant of relief under section 438(1). The defence counsel argues that the exception engrafted in section 438(1) cannot limit the operation of section 437(1) which has no such exception. Decide. [RJS 2014]

Q. 47. “Anticipatory bail is a device to secure the individual's liberty; it is neither a passport to the commission of crime nor a shield against any and all kinds of accusations likely or unlikely." Gurbaksh Singh Sibba etc. v. The State of Punjab, A.I.R. 1980 SC 1632. Amplify the above statement and discuss the principles laid down in the above case by the Supreme Court regarding grant/refusal of anticipatory bail. [DJS 1982]

Q. 48. An accused is arrested in a bailable offence and he is released on bail. During trial, he absconds and non-bailable warrants are issued against him. The police arrest him and produce him before the court.

The defence counsel pleads for his release on bail under section 436(1) Cr.P.C. which provides that a person accused of a bailable offence shall be released on bail.

Can the court, in such circumstances, refuse to release him on bail? Give brief reasons. [DJS 1982, UPJS 2018]

Q. 49. What are the relevant considerations for grant and for cancellation of bail in non bailable offences? [DJS 1984]

Q. 50. Elaborate the powers of Metropolitan Magistrate to grant bail in cases of non-bailable offences. Also state the reason for which the bail already granted in such cases can be cancelled. [DJS 1991]

Q. 51. Anita, aged 16 years, a domestic servant is caught red handed stealing Rs. 25000/- from drawer of house owner. Her father moves a bail application before you. Decide her bail application. [DJS 2007]

Q. 52. Bail in matters of non-bailable offences is a matter of discretion and if this discretion is to be exercised in favour of the accused, what are the conditions to be borne in mind by the Courts? Discuss with reference to provisions in Code of Criminal Procedure? [DJS 2008]

Q. 53. Power of anticipatory bail under Section 438 Cr.P.C. is a concurrent power granted to the Court of Sess’ons and the High Court. If you were to file an application for anticipatory bail which Court would you choose and why. What the guidelines are to be observed by the Courts while exercising this power? Discuss with reference to case law, if any. [DJS 2008]  [MPJS 1996]

Q. 61. Give a critical account of the broad principles regarding grant of bail in criminal cases. Can a bail be demanded as a matter of right? [UPJS 1983]

Q. 62. "The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days. In recent times, with the accentuation of political rivalry, this Pendency is showing signs of steady increase. Apart from false cases, there reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first the submit to custody, remain in prison for some days and them apply for bail.".

In the light of the above observation discuss the provisions of the Criminal Procedure Code, 1973 for the grant of an anticipatory bail. [UPJS 1983]

Q. 63. When can bail be granted in case of a non bailable offence? Can bail be granted subject to conditions? [UPjS 1986]

Q. 64. Narrate in brief the principles regarding grant of bail in criminal cases. Can a bail be claimed as a matter of right? [UPJS 1987]

Q. 65. Under what circumstances a bail can be rejected or cancelled? Illustrate your answer. [UPJS 1983, 1987]

Q. 66. The Chief Judicial Magistrate of Allahabad granted anticipatory bail to an M.L.A. as he was apprehending arrest in murder case and necessary directions. Examine the validity of the order. [UPJS 1991]

Q. 67. Describe the powers of a court to take bond for appearance from a person who is present before the court and for whose appearance such court is empowered to issue summons or warrant. Can a person who has filed a bond be arrested? If so, under what circumstances? [UPJS 1992]

Q. 68.  Referring to statutory provisions, discuss the validity of the following:

A person arrested on accusation of bailable offence is not released on bail by the police-police-officer, though the person is ready to furnish bail. [UPJS 1999]

Q. 69. When can granted in case of non-bailable offence? Can bail be granted subject to conditions? [UPJS 2000]

Q. 70. Can a court take a bond for appearance of a person who is present in the court? Discuss with reference to statutory provisions. [UPJS 2003] 

Q. 71. Can a person who has filed a bond be arrested? If so, under what circumstances.

Q. 72. Whether it is compulsory to release an accused on bail in bailable offences? When bail may be taken in case of non-bailable offences? What conditions may be imposed by the court upon such bail? [UPJS 2013]

Q. 73. Under the Code of Criminal Procedure, 1973, Section 2, how are bailable and non- bailable offences distinguished? Under what circumstances of Section 437 of the Code, bail may be given in case of non-bailable offence? Discuss in brief. [UPJS 2016]

Q. 74. An accused applies for anticipatory bail for the offence under section 409 I.P.C. The public Prosecutor opposes the bail for the mere reason that the punishment provided therefor is imprisonment for life. He argues that the exception contained in section 437(1) Cr.P.C. should govern the grant of relief under section 438(1). The defence counsel argues that the exception engrafted in section 438(1) cannot limit the operation of section 437(1) which has no such exception. Decide [DJS 1982]

Q. 75. The Supreme Court in the case of Shahzad Hasan Khan v. Ishtiaq Hasan Khan and another, 1987 (2) SCC 684 has approved of the convention that the successive bail application are to be placed before the same judge and not before different judges. Critically analyse the relevance and utility of the said convention as noted by the Supreme Court. [Punj JS 2013]

Q. 76. On 23.03.1988 the accused was arrested by the police for an offence under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, having been found to be in possession of One Kg. of heroin valuing at rupees one Crore in the International Market. The charge sheet having not been filed within the prescribed period of 90 days, the Magistrate enlarged the accused on bail on 22.07.1988.

On 29.07.1988 the State moved on application for cancellation of bail on the grounds that the charge sheet has since then been filed, that the offence alleged is of serious nature punishable with minimum sentence of 10 years rigorous imprisonment and a fine of Rupees One Lakh, and that one accused from whom the recovered heroin has been confessed to have been purchased is absconding, and investigation in the case could not be completed within the time frame. Decide. [DJS 1990]

Q. 77. Write note on when bail may be taken in case of non-bailable offence [BJS 2018]

Q. 78. Anticipatory bail and Regular bail [DJS 2019]

Q. 79. Discuss the circumstances in which the bail granted in the case of a bailable offence can be cancelled. By which Court can the bail in such a case be cancelled? [Punj JS 2006]

Q. 80. Examine the circumstances in which an accused can be granted bail by a police officer.

Can such an accused remain on bail when the trial is on? [Punj JS 2006]

Q. 81 Referring to statutory provisions, discuss the validity of following:—

A person arrested of accusation of 'bailable offence' is not released on bail by the police officer through the person is ready to furnish bail. [Punj JS 2012]

Q. 82 Narrate in brief the principles regarding grant of bail in criminal cases. Can a bail be claimed as a matter of right? Under what circumstances a bail can be cancelled? Illustrate your answer. [Punj JS 2012]

Q. 83. What is the period of imprisonment which an under trial prisoner is required to under go for being eligible to relief under section 436A of the Code of Criminal Procedure, 1973? [Guj JS 2020]

Q. 84. Describe the Anticipatory Bail UJS 2019]

Q. 85. Discuss in detail Cancellation of Bail [Guj JS 2017]

Q. 86. G, a beautiful girl of 20 years, B, her brother aged 15, F, her father aged 70, U, her uncle aged 40, and N, her sister aged 25, are arrested for having committed kidnapping, extortion and murder (all non-bailable offences). The apply for bail before a Metropolitan Magistrate. F, being a cancer patient, makes a confession implicating all, including himself.

What principles are to be kept in mind by the court while considering the bail applications of the aforesaid accused? Can bail be granted to all of them? What is the power of the High Court and the Sessions Court regarding bail if the Magistrate refuses to grant one? [Punj JS 1998]

Q. 87. S, an ex-minister, alleges that he has been falsely implicated in a case of receiving kickbacks from a foreign company. S, apprehending his arrest moves an application for anticipatory bail.  Determine the Court having jurisdiction to grant such bail and the grounds on which such bail can be claimed. [Punj JS 1999]

Q. 88. Write short note on Right of the victim to oppose bail in sexual offences. [DJS 2019]

Q. 89. X a woman employed as a cook in the hostel is caught pick-pocketing a purse containing

Rs. 200 and remanded to judicial custody after arrest. Two months after her arrest some members of the Students Legal Services Clinic move a bail application on her behalf before the Magistrate. The Magistrate accepts to release her on bail on condition of producing two sureties for Rs. 25,000 each. X is from another State therefore she is not in a position to arrange two sureties for such a high amount. What are the grounds that can be raised for securing X's release on bail/bond? [Punj JS 2001]

Q. 90. Write short notes on Bail in non-bailable offences [DJS 2006, UPJS 2015]

Q. 91. P is arrested for damaging a place of worship and for offering indignity to a human corpse. P applies for bail. Can he get bail in both the offences? State the factors which the Court will consider while granting bail to P. [Punj JS 1999]

Disposal of Property (Ss. 451-459)

Q. 1. A lodges a report with the police that his V.C.R. has been stolen by B. Police recovers that V.C.R. documents pertaining to the said V.C.R. produced by both A and B are suspicious. To whom the temporary custody of the recovered V.C.R. be given? Give reasons. [DJS 1984]

Q. 2. Draw the Order granting or refusing the application under Section 457 of the Code of Criminal Procedure:

The petitioner is the owner of 24 buffallows. While he was transporting the same in one lorry bearing registration no. GJ-14-5479, the lorry and the buffalows were seized by the police on 16.06.2017 alleging commission of offence punishable under Section 11 (l)(a)(d) of the Prevention of the Cruelty to Animals Act 1960. The petitioner has prayed for the interim custody of the animals under Section 457 of The Code of Criminal Procedure, 1973. According to him, he has not committed any offence and he is the legitimate owner of the property viz. buffallows, and therefore prayed to return to him. He undertakes to produce the said buffallows as and when required. In support of his contention he relied on the Judgment of the Hon'ble the Supreme Court reported in Manager, Pinjrapore Deudar and Another v. Chakaram Moraji Nat and Ors. This application was stoutly resisted by the Public Prosecutor mainly on the ground that the owner has transported the buffallows numbering 24 in one lorry in an inhuman condition. Further, there is a specific allegation that the buffallows were transported for slaughtering. [Guj JS 2017]

Irregular Proceedings (Ss. 460-466)

Q. 1. What irregularities committed by a Court do not vitiate trial? Also discuss when it vitiates. [UPJS 2018]

Q. 2. A Magistrate, not empowered by law in this behalf issues a search warrant u/s 94, Cr.P.C., 1973 erroneously in, good faith. Do you think that the proceedings should be set aside? Give reason for your answer. [RJS 1986]

Q. 3. Mention those irregularities, which will vitiate proceedings? [RJS 1986]

Q. 4. Illegality vitiates trial whereas irregularity does not unless it results in prejudice. Explain. [DjS 1989]

Q. 5. A Magistrate, who is not empowered, erroneously and in good faith, orders the police officer to investigate into non-cognizable case. [UPJS 2012]

Q. 6. Mr. A was charged under Section 392 of the Indian Penal Code for the offence of robbery but was convicted under Section 384 of the Indian Penal Code for the offence of extortion after the completion of trial. Explain with the help of relevant case laws and provision whether the conviction is legal or the trial has been vitiated under section 464 of the Criminal Procedure Code? [Punj JS 2019]

Q. 7. Whether a finding or sentence of a criminal court can be set aside merely on the ground that such court did not have territorial jurisdiction for inquiry or trial? [MPJS 2006]

Limitation for Taking Cognizance (Ss. 467-473)

Q. 1. "There is no bar or limitation for criminal prosecution, however trivial the offence and howsoever delayed the prosecution because time does not erase an offence once committed." Explain. [DJS 1979]

Q. 2. What is the period of limitation prescribed under Criminal Procedure Code for (i) where the offence is punishable with fine only (ii) where the punishment prescribed exceeds one year but less than three years? Do the provisions relating to limitation in Cr.P.C. apply to economic offences? Are there any exceptions? Discuss. [HPJS 2016]

Q. 3. Is the bar of limitation under section 468 Cr.P.C. to be reckoned with reference to the date of complaint or the date of taking cognizance by the Court? Explain with reasons. [Punj JS 2003]

Q. 4. Is there any bar to take cognizance of an offence in a criminal case? If so, how would the period of limitation commence? Explain with support of provisions and case law.  [Punj JS 2010]

Q. 5. Which section of Cr.P .C. provides for and prescribes limitation period for taking cognizance

of cases and how many types of limitation periods are categorized therein? [JJS 2001]

Q. 6. Is there any period of limitation prescribed for taking cognizance of offences? If so, specify the offences with their period of limitation. [RJS 1976]

Q. 7. What is the period of limitation for taking cognizance of an offence if it is punishable with imprisonment for a term not exceeding one year? Does this limitation apply to economic offences also? [RJS 1991]

Q. 8. Whether a court can take cognizance of an offence even after the expiry of the period of limitation? If so, under what circumstances? [RJS 1991]

Q. 9. What, is the limitation period for taking cognizance of offences? [RJS 2011]

Q. 10. A voluntarily causes hurt to B on 1-4-1974 in. Ajmer at 4 p.m. and then leaves for London.

A is punishable under section 323 I.P.C. with imprisonment which may extend to one year. A returns on 1-7-1975. B wants to file a complaint against A. Can B do so? If so, please draft a short complaint for him. [RJS 1976]

Inherent Power of the High Court (Ss. 474-484)

X was going to the market to buy 'gutka' for his mother. A and B confronted him and asked in abusive language as to where he was going X protested against the use of such foul language. On this A took out his sword and indicted a blow on X's forehead. B threatened him against lodging complaint FIR was registered, investigation started and a charge-sheet was filed for offences under section 307 read with section 34, IPC. The parties, in the meantime, reached a compromise and settled the dispute amicably and wanted the court to take note of the compromise and close the case. Decide on the basis of relevant provisions of law and decided cases. [HPJS 2019]

Q. 2. Write note on Inherent powers of High Court [BJS 2018]

Q. 3. Discuss the inherent powers of the subordinate Courts and High Court. [Punj JS 1995(H)]

Q. 4. Can the High Court exercise such powers to revise its own order and to declare a person a vexatious litigant? [Punj JS 1995(H)]

Q. 5. When a High Court can quash a process in a complaint case? [RJS 1986]

Q. 6. Which court can exercise inherent powers under section 482 Cr.P.C.? [RJS 1994]

Q. 7. Write short notes on Inherent powers under the Code. [MPJS 2009, 2010]

Q. 8. Marriage between J and K took place in July 1999. After frequent quarrels, they started living separately from July, 2000. FIR was registered at the instance of K (wife) under sections 498A, 323 and 406 the Indian Penal Code against J (husband), his father, mother and younger brother. K has filed affidavit reciting that FIR was got registered by her. J files a petition in the High Court for quashing of FIR under section 482 of the Criminal Procedure Code. K supports the prayer stating that her dispute with J has been fully settled and they have agreed for a divorce. The State opposes on the ground that the offences under sections 498A and 406 of the Indian Penal Code are not compoundable and the relevant powers under section 482 of the Criminal Procedure Code cannot be invoked to bypass the mandatory provisions of section 320 of the Criminal Code. Decide, with appropriate reference to statutory provisions and relevant case law.

[Punj JS 2006]

Miscellaneous/Practical Questions/Judgment Writing

Q. 1. Police Station Kotwali Alwar received information in the evening of 9-3-1992 that a truck RJ02 A 2233 had broken the forest department barrier and collided with a motorcycle.

The receipt of this information (By means of telephone conversation) alerted the police. Sub-Inspector Radha Mohan along with others were stationed at Vantage point, on the main road when the truck reached there. SI Radha Mohan signaled the truck to stop. It was being driven by the accused. Instead of applying brakes, the accused tried to speed away, upon which SI Radha Mohan tried to board the truck from its left side. Accused warned SI Radha Mohan not to do so and that he would be killed. Nevertheless, SI Radha Mohan boarded the truck. Immediately, the accused pushed him, as a result whereof SI Radha Mohan fell off the truck and was run over by its rear wheels and expired at the spot. Accused fled away with the truck. He was later caught and arrested.

Q. 2. The marriage of 'A' and 'B' was performed on 05.10.2019. 'B' made a telephonic call on 26.09.2021 at about 01.00 am. to his father-in-law (PW1) and informed him that his wife 'A' had fallen sick and had to be taken to hospital. PW1 and his daughter-in-law (PW5) reached the home of 'B' where they found 'A' in unconscious condition. They took her to a nearby hospital where she was declared 'brought dead'.

PW1 refused to give any statement to the 1.0. as his son had gone abroad.

M.O. (PW15) who conducted the post-mortem found that the deceased suffered fracture nasal bone and injuries on her right temporal region apart from nail marks and abrasions on her cheeks and lower part of the back. He observed that the injuries were ante¬mortem in nature.

PW1 and PW5 gave their respective statements to the I.O. two days after the incident. An FIR under Section 498A/304B/302, IPC was registered against the accused. As per the FSL report, the cause of death was 'due to coma caused by cranio cerebral injury (head injury) by means of hard blunt and forceful impact upon head'.

The defence of the accused is that (i) PW1 and PW2 gave their statement to the I.O. two days after the incident- (ii) there was no evidence of demand of dowry and causing cruelty to the deceased by him (iii) no weapon of offence was recovered from his home (iv) no motive was imputed to him (v) casualty-card of the Hospital did not mention any injury on the body of the deceased (vi) no guard was deputed in the mortuary to protect the body prior to the post-mortem which was conducted after two days.

In his statement under Section 313, CrPC, he stated that his wife was sick being anaemic and fell down from the bed and suffered injuries. He admitted that he and the deceased were alone in the home on the night intervening 26/27.09.2021.

Discuss the criminality of the accused. [DJS 2022]

Q. 3. An accident took place between a motorcycle and a Maruti car at about 10 am. on 18.03.2021. The motorcyclist (PW1) became unconscious and a guard posted at a nearby Farm House brought him on the side of the road and informed the police.

The motorcyclist was taken to a nearby Hospital in a PCR van. He was found to have suffered fracture in his right leg and both the wrists of his hands apart from other injuries all over the body. An FIR was registered under Section 279/337/338 IPC against the Car driver.

The motorcyclist (PW1) deposed that he was driving the motorcycle on left side of the road and when he reached near the VM Farm, he found that accused was driving his car at very high speed and loud music was being played inside the car which was audible outside and his car collided with his motorcycle. He lost his consciousness and when he regained his consciousness after five minutes, he noticed that he was lying down on one side of the road after being brought by the guard of a Farm House.

In his cross-examination, PW1 stated that the accused was driving the car on the wrong side of the road, however, he admitted the site plan prepared by the 1.0. (PW3) on his instructions to be correct.

The IO testified that when he visited the site after receiving information of the accident, he found the motorcycle parked on one side of the road and car on the other side of the road and accordingly he prepared the Site Plan. The IO also got conducted the mechanical inspection of both the vehicles. The mechanical engineer found both the vehicles were damaged from front side.

Discuss the criminal liability of the accused. [DJS 2022]

Q. 4. On 10.06.2019 at about 2 am., the complainant (PW2), aged about 14 years heard the loud screaming of her mother and came down to the room of her mother from the first floor. She found that the accused had caught hold of her mother and was pouring kerosene oil from a plastic bottle on her. Suddenly he set her on fire with a match stick. PW2 started crying loudly upon which her uncle PW3 came there from his nearby house. In the meantime, the deceased told PW2 that the accused wanted her to sleep with him to have physical relations with her which she refused. The accused fled away by jumping the wall.

The deceased was taken to the LNJP Hospital where the Medical Officer (PW5) found that the deceased suffered 100% burn injuries but was fit to make her statement. The deceased made similar statement to PW5 that the accused wanted her to sleep with him to establish physical relations and on her refusal, he poured kerosene oil on her and set her on fire with the match stick. The deceased succumbed to her injuries two days thereafter. PW2 and PW3 supported the case of the prosecution.

The defence argued (i) the FSL report ruled out smell of kerosene oil (ii) finger prints did not match with the accused (iii) PW2 did not state to the I.O. that the fire was extinguished by PW3 by putting a blanket (iv) it was a case of suicide.

The accused did not explain in his statement under Section 313, CrPC as to how he suffered burn injuries on his person as his MLC recorded fresh bum injuries.

Discuss the criminality of the accused. [DJS 2022]

Q. 5. The complainant 'A' and the accused 'B' entered into a Loan Agreement on 01.05.2017 whereby the complainant 'A' advanced a loan of Rs. 2 lacs to the accused 'B'. The loan was to be repaid by 'B' on or before 31.12.2018. The complainant 'A' demanded the return of the loan amount in the third week of December 2018 and to discharge his liability, the accused 'B' handed over a cheque of Rs. 2 Lacs dated 26.12.2018 to 'A'. The said cheque was dishonoured for insufficient funds.

After giving notice to 'B', the complainant 'A' filed the complaint under Section 138 of Negotiable Instruments Act, 1881.

The defence of the accused were: (i) 'A' had in fact advanced him loan of Rs. 1,76,000/- only and at the same time, he gave a blank signed cheque to 'A' (ii) there was no subsisting liability against him (iii) he had given the cheque to 'A' as security.

The recital of the Loan Agreement mentioned that 'A' had agreed to give a loan of Rs. 2 lacs to 'B' on interest @ 2% per month. As per the terms of the Loan Agreement, Rs. 2 lacs included interest @ 2% per month.

'A' admitted in his cross-examination that he had provided a loan to 'B' by a cheque of Rs. 1,76,000/- and 'A' further voluntarily stated that he had also paid cash amount of Rs. 24,000/- to the accused at that time.

Decide the complaint. [DJS 2022]

Q. 6. On 26-5-2004, marriage function of the daughter of one Rama was going on in village Pipli. In the said marriage function Rama invited complainant Madhu Singh (PW 2) and his family members. In the afternoon between 3 to 4 p.m., Sh. Mai Singh and Smt. Sajjan Bai, father and mother of the complainant went to the house of Rama as invitees. Madhu Singh was taking meal. At this juncture, accused Bonder, his sons accused Pappu and Munna reached there. They abused Mai Singh and ask him as to who had invited him. There was exchange of hot words and an altercation took place. Suddenly, Pappu dealt a lathi blow on the left side of the head of Mai Singh. Accused Munna also caused injury on left shoulder and left hand of Mai Singh. At that moment Madhu, Man Singh and Sajjan Bai, witnesses, rushed to save Sh. Mai Singh. Accused threatened these persons and escaped from the spot. Mai Singh was taken to the hospital where he scrummed to the injury on 27.05.2004. Accused were apprehended and produced before the Court. Frame Charge and write judgment. [RJS 2022]

Q. 7. What shall be the effect of following defects in a criminal trial? Explain referring the relevant provisions of Code of Criminal Procedure, 1973 and case laws—

.(a) The charge is defective.

(b) Judgment of conviction and sentence delivered in the absence of accused.

(c) Material Prosecution witnesses examined by the Court without securing the presence

of accused in the Court. [RJS 2022]

Q. 8. Distinguish between the following—

(a) Enquiry and Trial

(b) Discharge and Acquittal

(c) Summons Case and Warrant Case [RJS 2022]

Q. 9. Frame a charge/charges on the basis of allegations given hereunder:—

Prosecution Case/Allegations:—The prosecution case in brief is that complainant 'C', a bank manager, on date 26-1-2021 submitted a written application at city Kotwali Bhopal in which it was mentioned that on 25-1-2021, at about 7:00 p.m. in the evening, when he was coming back from his office, suddenly accused 'A' and 'B' because of previous enmity with 'C' came to beat him with lathis. Accused ZB' asked 'A' to beat 'C' with lathi. However, on B's instigation, 'A' slapped 'C' and also assaulted him with lathi, because of which 'C' sustained two injuries. In the medical examination, one fracture was found over his left hand, and another simple injury was also found over the face of the complainant. [MPCJ 2021]

Q. 10. Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions on the concerning law.

Prosecution Case

On 4-12-2020 in the morning at or about 8:00 a.m. informant 'B' lodged a first information report with police station city kotwali Rewa to the effect that he resides in village Khaurkoti within thana city kotwali Rewa. On 30-11-2020 in the evening at or about 7:00 p.m. while he was resting in his drawing room just after he came from office suddenly accused Al and A2 because of his open drainage towards their plot started to abuse 'B'. When 'B' went out to see what is happening outside Al and A2 chased 'B' with lathi inside the house and assaulted ZBZ because of which ZBZ sustained bleeding injuries over head and on right arm. When ZWZ, wife of ZBZ, tried to save ZBZ, accused Al and A2 also gave lathi blows to ZW', who sustained bleeding injuries over left arm and right leg. When other family members of ZBZ and neighbours came and shouted to save ZBZ and ZWZ, both the accused persons intimidated 'B' .by threatening to cause death and fled away from the place of incident. ZBZ immediately went to Bichiya hospital Rewa along with ZWZ and after discharge from the hospital on 4-12-2020 ZBZ with plaster in his right arm and bandage over his head along with ZWZ went to city kotwali Rewa and lodged the report. There by police registered a case under crime No. 946/20, witnesses were examined, accompanied by the informant and victim, site plan was prepared and on obtaining MLC from the Bichiya hospital Rewa, it was found that ZWZ sustained simple injuries and ZBZ sustained grievous injuries caused by hard and blunt object. Accused Al and A2 were arrested, lathi's were also seized from them and after completion of investigation charge sheet against Al and A2 was filed.

Defence plea

Both the accused persons advanced defence that complainant has grudge because they are prohibiting complainant from draining water in their open plot. Complainant and his wife fell down from motorcycle and lodged a false complaint to take advantage of the situation.

’ Prosecution evidence

Prosecution has examined as many as 5 witnesses. In examination-in-chief ZBZ (PW1) stated that on the date and time of incident the accused Al and A2 entered into his house and assaulted him over right arm and right side on the head with lathi's and when his wife ZW' (PW2) tried to save him both the accused persons also gave lathi blows to 'W'. When his family members and neighbours came and shouted over to accused Al and A2, they fled away from the spot of incident. The report filed by him is EXP1 and spot map prepared before him is EXP2. He remained admitted in hospital for 3 days because his right arm was fractured. In cross-examination 'B' (PW1) has denied the suggestion of defence that he has sustained injuries from fall by the motorcycle.

Another injured witness 'Wz (PW2) also supported the prosecution version to the extent of B's (PW1) prosecution case.

Prosecution witness 'R' (PW3) who is real brother of ZB' has supported the prosecution version to the extent of B's prosecution case.

Doctor ZD' (PW4) also corroborated the version of ZB' and ZW' by proving their MLC report exhibit P3 and P4, X-Ray report of ZB' EXP5 and X-Ray plate and article Al and A2 with minor variation that injuries on 'W' was on right arm and right leg.

Investigating officer T' (PW5) has supported all the proceedings done by him in the course of investigation.

Evidence for defence

Accused persons have denied all the inculpatory circumstances put to them in examination under section 313 Cr.P.C. Accused persons examined his neighbour 'N' who deposed that the plot of Al is besides the house of ZB' and all the water from his drainage is collecting in the plot making it a marsh land. Al and A2 who are father and son requested 'B' many times to make arrangement for the drainage but instead of this ZB' who is a well-to-do person and a Municipal officer has lodged a false report against Al and A2. 'B' has recently purchased a new motorcycle and he is unable to drive it and had fallen from the motorcycle and sustained various injuries.

Argument for prosecution

Prosecution has established the case fully. There is no ground in existence to disbelieve the testimony of victims. Both accused persons are liable to be convicted for their acts. Argument for defence

There is variation in medical and ocular evidence. No independent witness has been examined by prosecution and there is considerable unexplained delay in lodging FIR. The story of prosecution is false because 30 November, 2020 was a public holiday (Kartik Poomima Gunmank Jayanti) hence no question of coming from the office by complainant arises. The standard of their defence is of preponderance of probability so they are entitled to be exonerated from the charges with which they are subjected to trial. [MPCJ 2021]

Q. 11. When an offender has been sentenced to pay fine and he makes default in making its payment then what action the Court may take for its recovery? [MPCJ 2022]

Q. 12. Frame a charge/charges on the basis of prosecution case/allegations given below:

Prosecution Case/Allegations:—Phe case of prosecution in brief is that the complainant has lodged F.I.R. in police station stating that on 2-8-2020 at 12 o'clock noon, he was proceeding towards his field at Bablai on his motorcycle and when he reached in front of well of Bhagwan on Sirsya road, then the driver of a dumper bearing registered No. O.D. 29B 0120 drove his vehicle in rash and regligent manner and hit his motorcycle. Resultantly, the complainant suffered injuries on left leg, knee, right thing, right hand finger, and left side of the face, near eye. The driver of dumper ran away from the spot with the vehicle. The complainant was taken to hospital for treatment of injuries. A memo of bringing complainant to hospital for treatment was sent from hospital to the police station. The medical examination of complainant was done in which Doctor found abrasions on his body and opined for X-ray. On having done X-ray, fracture was found in his leg. An offence under sections 279, 337 of I.P.C. was registered against driver of dumper at the police station. At the time of submitting challan section 338 of I.P.C. was added in it. [MPCJ 2022]

Q. 13. Frame the charge on the basis of prosecution case and write a judgment with reason based upon the facts, evidence and arguments given below:—

Prosecution Case:—The prosecution case in short is that on 11-4-2008, at about 11:55 p.m. in the night, the complainant was fetching water from a public tap. The accused asked for his cycle but the complainant refused to give his cycle to him. On this issue, the accused started abusing the complainant and when the complainant requested him not to do so, then the accused brought a lathi. After seeing the accused, the complainant went inside his house, however, the accused followed him and brought him out of house and started beatings the complainant by means of lathi, as a result of which, the complainant fell down on the ground and sustained various injuries on the different parts of his body. The incident was witnessed by Lala Shrivastav, Kundan Singh, Manju, etc. The complainant lodged report in police station Kotwali, Shivpuri on 12-4-2008, at about 00:45 a.m. in the night and on the said complaint, the police registered Crime No. 230/2008. The complainant was sent for medical examination. During investigation, spot map was prepared, the statements of the witnesses were recorded.

Defence Plea:—There is no previous enmity with the complainant. The injuries on the body of complainant are old injuries, not caused on the date of the incidence. Injuries can be caused by failing on ground. No offence is made out under section 327 of I.P.C. There is no eyewitness, as incidence occurred in dark midnight.

Evidence for Prosecution:—The complainant had received 8 contusions on his body and medically examined by Doctor (P.W.-5), Prepairing M.L.C. repor*: Exhibit (P.W.-2), Lala ShrivastaV (P.W.-3), Kundan Singh (P.W.-4).

Evidence for Defence:—^Accused in his examination under section 313, Cr.P.C. contended that recovery of lathi is not proved. He has committed no offence, injuries were not caused on the date of incidence, but injuries were old.

Arguments of Prosecutor:—The offences are established by the prosecution evidence. Injuries are proved by expert evidence. Prosecution witnesses are reliable.

Arguments for Defence Counsel:—Prosecution has not proved the case beyond reasonable doubt. There is no extortion of property. Injuries are not proved. Recovery is not proved. There was no assault on the complainant. [MPCJ 2022]

Q. 14. Write Short Notes on:

(i) Victim and Criminal Justice System.

(ii) Difference between statements recorded under Section 161, CrPC and recorded under section 164, CrPC.

(iii) Parameters to be considered while granting anticipatory bail and regular bail.

(iv) Cancellation of bail. ' [HJS 2022]

Q. 15. Critically examine the major changes introduced by the Criminal Law (Amendment) Act, 2013 in the provisions of Code of Criminal Procedure, 1973, especially with regard to the crimes related to women. [JJS 2019]

Q. 16. Mention special provisions under the Cr.P.C. in respect of arrest, search, investigation and medical examination of women. [JJS 2017]

Q. 17. Write a judgment on the basis of allegations and evidence given hereunder after framing charge u/s. 324 of I.P.C. analyzing the evidence, keeping in mind the relevant provisions of the concerning law.

PROSECUTION CASE

On 25.6.2008 at about 14.50 o'clock Smt. A lodged a first information report in police station Lordganj, Jabalpur to the effect that she has a shop named the New Jabalpur Garments in Ganjipura, Jabalpur. At about 2.30 p.m. a customer came in front of her shop and as he was parking the Scooty the neighbour X shouted and directed the customer to remove his Scooty. The customer while parking his Scooty, hit a motorcycle of X which fell down and because of this X started abusing A. When A objected to the abusing, X caught hold of her hand and brought her out of the shop. During this X assaulted the complainant on the left hand and head. She fell down sustaining injuries on her hands, neck and head. At the time of incident witnesses B and C were present.

On medical examination an incised wound 3 c.m. x 1 m.m. on left fore arm and another incised wound 2 cm. x 1 mm. on left side of head were found on the person of the complainant A. Blood was oozing from both the injuries. Both injuries were caused by hard and sharp object and were within 2 to 4 hours of the examination. Injuries were simple in nature. Since patient was complaining of vomiting hence she was admitted to hospital. After completion of investigation the charge sheet was filed in the Court.

Prosecution Evidence

In examination in chief A has stated that the accused X caught hold of her and brought her out of the shop and she fell down, causing her injuries. Accused assaulted her on the left hand and head with a scissors. In cross-examination the injured A admitted that during first information report and police statement she has not stated that the accused threw her down and assaulted her with scissors on the left hand and head. She has also admitted that there was an enmity between her and her neighbour shopkeeper accused X about the eviction of a shop.

Injured A has denied the suggestion of the defence that she has received the injuries by fall.

Ocular witness B in his evidence, has not supported the prosecution story. The prosecution declared him hostile. Another ocular witness C confirmed the whole statement of the injured A in his examination in chief. However during his cross-examination he admitted that the accused has not throw the injured A rather she had fallen due to the push. Witness C has also admitted that he is a servant in shop of A but he has denied the suggestion of the defence that A had received injury by a fall.

Doctor G who conducted the medical examination, confirmed the facts mentioned in his medical report. He admitted that apparently there was no fracture. Injuries of injured A may be caused by a fall.

Defence Evidence

Accused had got examined only one witness D in his defence. D has stated that due to eviction of shop an enmity existed between injured A and accused X. The defence witness D has also exhibited the true copy of relevant document of Civil Suit between A and X.

Arguments on behalf of Prosecution

Prosecution has argued that the injured A has confirmed the prosecution story in her statement. Her statement is supported by medical evidence and ocular evidence hence the accused may be convicted and punished.

Arguments on behalf of Accused

Learned advocate of accused has argued that enmity existed between both the parties and the incident has not been confirmed by any independent witness. Witness C is in service of A, thus he is an interested witness. The doctor has admitted that injuries may be caused by fall. A has received injury by fall. Accused has been, falsely-implicated due to enmity, thus he should be acquitted. [MPJS 2011]

Q. 18. Frame the charge and write a judgment on the basis Of allegations and evidence given hereunder and analyzing the evidence, keeping in mind the relevant provisions of the concerning law.

Prosecution Case

(1) On 13.02.2003, the prosecutrix P lodged a F.I.R. in Police Station Nishatpura, Bhopal alleging that at about 5:00 p.m. when she was in her house and cooking food, accused A entered into her house, caught hold of her hand and kissed her. As the prosecutrix screamed, witness K reached there. Seeing him, accused pushed the complainant aside and ran away. In that sequence, prosecutrix's husband H and some other neighbours also reached there. Prosecutrix narrated the incident to her husband and others. The Investigating Officer registered the crime No. 114/2003 under Section 452 & 354 of Indian Penal Code and after investigation submitted the charge-sheet.

Defence Plea

(2) The accused denied the allegations. His defence plea is that the husband of prosecutrix and the accused have inimical terms since a long time and on account of this enmity the accused has been falsely implicated.

Prosecution Evidence

(3) Prosecutrix P has stated that when she was cooking food in her house at about 5:00- 6:00 pm, the accused entered into her house and when she inquired about the purpose of his arrival, the accused caught hold her hand, embraced her and tried to kiss her. When she shouted witness K arrived. The accused then pushed her and ran away. She had lodged the F.I.R. (Ex. Pl). In cross-examination P has admitted that 4-5 years back there was a dispute between the accused A and one Ramlal and her husband H had then favoured Ramlal. She has also admitted that at that time a proceeding under Section 107/116 Cr.P.C. was also filed by Police before Executive Magistrate against several persons including accused A in one party and her husband H in other. She has denied that she is a woman of bad character or having illicit relations with another villager. She has also denied that the accused has been visiting her house frequently.

(4) Witness K has stated that when he heard a noise, he rushed to the spot and saw the accused A running away towards exit. The husband of prosecutrix had also arrived there and the prosecutrix had narrated the incident to him. In cross-examination K has denied that there had been enmity between him and the accused. In cross-examination, he described the time of incident as 6-7 p.m. Witness H also supported the version of P and K. In cross-examination H did not admit enmity between him and accused or any recent dispute. Sub-inspector Police O stated that on 13.02.2003 at 6:45 pm, the prosecutrix P had come with her husband H to the Police Station and lodged the F.I.R. (Ex. P. 1) against the accused. He had then registered the offence and after visiting the spot he had recorded the statements of witnesses.

Defence Evidence

(5) The Defence witness X on behalf of accused stated that the accused is of good character A did not commit the offence. He also stated that P is of bad character and on account of enmity between the accused and husband of P, the accused has been falsely implicated. During cross-examination, X admitted that on that evening he was in his house and after a day he had come to know that a report had been lodged against the accused by the prosecutrix.

Arguments of Prosecution

(6) The prosecution case is well proved. There is nothing to discredit the evidence of prosecutrix and her evidence has also been supported by other witnesses, hence, the accused should be convicted under Section 452 and 354, I.P.C.

Arguments Defence

(7) The prosecution story is concocted and false. Evidence of prosecutrix and other prosecution witnesses is unreliable. The accused has been falsely implicated due to enmity, with the connivance of police, hence, he be acquitted. [MPJS 2012]

Q. 19. Frame the charge and write a judgment on the basis of allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law.

Prosecution Case

On 11.12.2013 in the evening at about 7:25 pm, informant B lodged a First Information Report with police station Kotwali, Mandsaur to the effect that he resides in House No. 10, Station Road, Mandsaur. On 11.12.2013 in evening about 6:30 pm, while he was talking in his drawing room with his friend C, suddenly accused Al and A2 because of previous enmity with B came in to the drawing room armed with Lathis. Both the accused person assaulted B with their lathi. Because of’assault B sustained bleeding injuries over head and right arm. When C tried to save B, accused Al and A2 also gave lathi blows to C, who sustained bleeding injuries over left arm and right leg. When other family member of B and neighbours came and shouted to save B and C, both the accused persons intimidated B by threatening to cause death and then fled away.

Thereafter B and C came to the police station Kotwali Mandsaur and B lodged the report, thereby, police registered case under crime no. 350/13 and thana incharge firstly sent both the injured persons to district hospital Mandsaur, where Dr. D medically examined both the injured persons. Injuries found over C were simple in nature, whereas both the injuries found over B were grievous in nature. All the injuries found on injured persons were caused by hard and blunt object. During investigation site plan was prepared, accused Al and A2 were arrested, lathis were also seized from them and after completion of investigation the chargesheet against Al and A2 filed under Section 452, 323, 325, 506/34 of IPC.

Defence Plea

The accused persons have denied the charges and their defence plea is that they have been falsely implicated on account of enmity.

Prosecution Evidence

In examination of chief B (P.W. 1) stated that on the date and time of incident the accused Al and A2 entered into his house and assaulted him over right arm and right side on head with lathis and when his friend C (P.W. 2) tried to save him both the accused persons also gave lathi blow to C (P.W. 2). His family members and neighbours came and shouted over accused Al and A2 and they fled away. Then he lodged report Exhibit P-1 in police station Kotwali, Mandsaur and doctor also medically examined him at district hospital Mandsaur. His right arm and right side of head were fractured and he was admitted in hospital for seven days. In cross examination B (P.W. 1) had denied the suggestion of the defence that he has received the injuries by fall.

Another injured witnesses C (P.W. 2) also supported the prosecution version to the extent as of the P.W. 1.

Dr. D (P.W. 3) also corroborated the versions of B (P.W. 1) and C (P.W. 2) by proving their MLC reports Exhibit P3 and P4, X-ray report of B Exhibit P5 and X-ray plates Article X-l and X-2.

Defence Evidence

The accused Al and A2 in their examination under Section 313 of Cr.P.C. denied the allegations against them and took a defence of false implication due to enmity. No further evidence in defence is given by the accused persons.

Arguments of Prosecution

District Prosecution Officer has argued that the all charges against accused persons are proved beyond any reasonable doubt, hence the accused persons be convicted accordingly and rigours punishment be imposed.

Arguments Defence Accused persons have been falsely implicated due to enmity. Prosecution evidence is doubtful as no independent witnesses is produced and accused persons cannot be convicted only with evidence of partisan witnesses. Hence, they be acquitted. [MPJS 2013]

Q. 20. Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions on the concerning law.

Prosecution Case

1. Truck bearing registration No. MP20 AB-845 belonged to one Mohanpal (PW-1). On 21.1.2013 the truck developed a mechanical defect. It was, therefore, parked at village Dumna by the driver of the Truck. On the following day, a window of the truck was found open. On checking "diesel pump", "self starter" and "tools Kit" were found stolen from the truck. A First Information report Ex. Pl was, therefore, lodged to the police by PW-1 Mohanpal on the basis of which a case for the offence under Section 379, Indian Penal Code, came to be registered. In the First Information report Mohanpal expressed suspicion against accused Kishan Das, since he was the driver of the Truck.

2. During the course of investigation the Kishan Das and his brother Ram Das were arrested. Whilst in custody the two accused made a disclosure statement under Section 27 of the Evidence Act before the Head Constable in the presence of PW-2 Chet Ram and one Bhagat Ram leading to the recovery of "diesel pump", "self starter" and the "tools kit" from the house of accused Kishan Das.

3. The police, after completion of investigation submitted the charge-sheet against both the accused for offence under Section 379 read with Section 34, Indian Penal Code.

Defence Plea

i .4. The accused persons denied the charge. Their defence was that they have been falsely implicated.

Evidence for prosecution

5. The prosecution in support of its case examined three witnesses in all. There was no eye-witness of the theft. Mohanpal (PW-1) proved the FIR Ex. P-1 lodged by him. He

. also proved the theft of aforesaid articles from his truck. He also deposed that accused Kishan Das was the driver of the Truck.

6. Chet Ram was examined as PW 2. He is silent with regard to the making of the disclosure statement Ex. P-2 by the two accused. Another witness to disclosure statement Ex. P-2 was Bhagat ram but he was not examined by the prosecution. Head Constable Shyam Lal PW-3 deposed that both the accused while in custody on 21.01.2013 made a joint disclosure statement Ex. P 2 in the presence of PW 2 Chet Ram and Bhagat Ram. He also proved the recovery of "diesel pump", "self starter" and tools kit in pursuance of such disclosure statement.

Evidence for defence

7. On behalf of the accused persons no witness was examined in defence.

Arguments of Prosecutor

8. As per the prosecution both the accused while in custody on 21.1.2013 made a joint disclosure statement Ex. P-2 before Head Constable Shyam Lal (PW-3) in the presence of Chet Ram (PW-2) and one Bhagat Ram and in pursuance of the joint statement, recovery of "diesel pump", "self starter" and "tools kit" was made from both the accused. Therefore, on the basis of disclosure statements and recovery of the articles, offences under Section 379 of the IPC was duly proved against both the accused.

Arguments of Defence Counsel

9. On behalf of the accused it was contended that the joint disclosure statement said to

have been made by the two accused is not admissible in evidence and no reliance can be placed upon any recoveries alleged to have been made in pursuance of such joint statement, Therefore, accused should be acquitted. [MPJS 2014]

Q. 21. Read the following carefully and write judgment after framing necessary charge.

On 10 March 2014, while returning back to his house sometime between 8 p.m. to 9 p.m. in the evening, after dropping his brother to Raipur Airport, A was stopped by accused B with an unidentified person, who were armed with pistol, and asked him to handover his wristwatch valued at Rs. 2,000 one gold chain valued at Rs. 30,000 and his purse containing Rs. 2,000 by putting him to the fear of death at gun point. A handed over the three items to B and accompanying person out of fear. A reported the incident to C, the Station Officer, Civil Lines Police Station, Raipur around 10 p.m. An FIR (Ex-Pl) was lodged accordingly. C interrogated B on 12 March 2014 after taking him in his custody as a suspect. A wrist watch (Article Q-l) was recovered from a box lying in the house of B situated at Civil Lines, Raipur and gold chain (Article Q-2) from goldsmith D, on the basis of information given by B to C during interrogation. A identified the wristwatch and the gold chain as his property in the identification proceedings before the Deputy Collector. B was prosecuted for the offence under Section 392 of Indian Penal Code.

A (PW-1) supported the story of the prosecution and has stated that the identified the wristwatch and gold chain in the identification proceedings in the Collectorate. He has denied that the wristwatch and the gold chain were shown to him before hand at the Police Station.

C (PW-2), the Station Officer, P.S. Civil Lines, Raipur, while supporting the story of the prosecution, has stated that a wristwatch (Article Q-l) was recovered from a box lying in the house of B and a gold chain (Article Q-2) was recovered from goldsmith D on the basis of information given by B.

Goldsmith D has stated that B claiming himself owner of it, sold a gold chain (Article Q-2) to him on 11 March, 2014 for Rs. 20,000, which has been entered in Register P-2. Deputy Collector K (PW-4) has stated that he conducted identification proceedings in the Collectorate on 12 March, 2014 for identification of wristwatch (Article Q-l) and Goldchain (Article Q-2), in which A identified both the item correctly.

* The defence of accused B is that he has not committed and robbery and the wristwatch and chain were shown to A at the Police Station before hand and the identification proceedings are nothing but farce. He has also stated that he did not sell any chain to goldsmith D and that the police did not conduct any identification parade to get him identified by A and D. (CJS 2014)

Q. 22. Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions on the concerning law.

Prosecution Case: The Prosecution case is that complainant Kuldeepak on 29.08.2007 submitted a written application at city Kotwali in which it is mentioned that he has got a shop of motor parts in the name of Ganga Automobiles situated at Jagatdev Talab. On 24.08.2007 at about 9:00 AM, when he opened the shop, he found that the motor parts were scattered. Two crown of GNA Company used in TATA vehicles costing Rs. 7,000/- were not found. On the basis of this report the crime No. 587/2007 under Section 457, 380 of IPC was registered. Site map was prepared. The disclosure statement of the accused was recorded on 08.09.2007 and pursuant to it, two crowns were seized from the house of the accused. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of Judicial Magistrate First Class.

Defence Plea: The accused denied the charges and his defence is that he has been falsely implicated.

Evidence for prosecution: The Prosecution examined as many as five witnesses in support of its case. Complainant Kuldeepak (PW-1) proved the FIR Ex.P/1 lodged by him. He deposed the fact of breaking the lock of his shop and theft of aforesaid articles therefrom and deposed the fact of identification of articles. Investigating officer (PW-2) deposed the fact regarding the memo and seizure of stolen property. Rajaram (PW-3) and Gopal (PW-4) were examined to prove memo and seizure but they have not supported the prosecution case. They are declared hostile. Nayab Tahsildar (PW-5) deposed the fact of identification of articles.

Evidence for defence: Accused examined himself in defence and denied the allegations against him and took a defence of false implication due to enemity.

Arguments of Prosecutor: The Prosecutor has argued that the prosecution has proved the case beyond reasonable doubt against the accused. Hence, the accused be convicted and sentenced suitably.

Arguments of Defence Counsel: Learned Counsel for the accused submitted that the complainant lodged FIR with inordinate delay of 04 days and no reason for delay has been given. The recording of disclosure statement on 08.09.2007 of the accused at Ganga 1 Auto Mobile, is also not true and the police has not seized the stolen articles from his possession. The police has made the concocted story in this regard. The identification of the stolen articles has not been done properly, therefore, the prosecution has not proved the case beyond reasonable doubt against the accused. Therefore, accused be acquitted of the charges. [MPJS 2015]

Q. 23. Write a judgment convicting the accused for an offence under Section 420 Indian Penal Code (cheating and dishonestly inducing delivery of property) after framing appropriate charge for the offence. [UPJS 1982]

Q. 24. Write a judgment convicting the accused for an offence under Section 500 of the Indian Penal Code (Defamation) after framing appropriate charge for the offence. [UPJS 1983]

Q. 25. Write a Judgment convicting the accused for an offence under Section 25 I.P.C. [voluntarily causing grievous hurt] after framing appropriate charge for the offence.[UPJS 1984]

Q. 26. Write judgment convicting the accused for offence under Section 304-A Indian Penal Code (causing death of a person by rash of negligent driving of his car his act not amounting to culpable homicide) after framing appropriate charge for the offence. [UPJS 1985]

Q. 27. Write judgment convicting the accused for offence under section 307 of the Indian Penal Code (Attempt to murder) after framing appropriate charge for the offence. [UPJS 1986]

Q. 28. (a) A is prosecuted for having stolen a cycle from the house of B. Frame charge of theft against A.

(b) In the above case in question 17(a) the cycle was subsequently recovered by the police from the possession of A and was identified by B and one of his colleagues. A alleges that he is being falsely implicated due to enmity with the police and the cycle recovered was his own. No further evidence was pronounced in defence. On the above facts. Write a judgment deciding the case. [UPJS 1991]

Q. 29. A young man of considerable means. A, developed friendship with a young girl B of ordinary family living in his neighbourhood. The girl's mother had died and daughter usually had to go to his fields for working during the whole day. The girl gave birth to an illegitimate son from above mentioned young man. Before the illegitimate son was born there was a proposal of marriage by the girl's father. The young man declined the offer of marriage and also refused to maintain them. On the basis of the above facts write a judgment in the case. [UPJS 1992]

Q. 30. (a) On 15.3.1997 at Kanpur-airport a custom officer conducted search of Jai Prakash Juneja and recovered some pieces of metal from his possession. For the examination of the aid metal an un-educated but experienced gold-smith was invited who opined that the said metal is gold. Consequently, the gold is confiscated and the matter is referred to the Court for trail.

The accused defends himself on the grounds that (1) the proceedings and confiscation by the custom officer was prosecution and hence he cannot be prosecuted in the Court and (2) the gold-smith who examined the metal was not a competent expert. Frame charge against the accused in this matter.

(b) On the basis of the facts given in part (a) write a judgment deciding the case. [UPJS 1997]

Q. 31. M was married with A in April 1996. His mother B were torturing Smt. M as she did not bring sufficient dowry at the time of marriage. Money and valuable things aware sent to Smt. M by her father at several times but A and B were not satisfied. Smt. M was not given food for many days. On 28.1.99. A and B planned to kill M. When M was preparing tea, her mother-in-law B poured kerosine oil upon her and A threw a burning match-stick upon her and closed the door of the kitchen. Thereafter A and B started shouting that M is dead due to bums. Some of the neighbours informed the police

about the incident. Police sent the dead body for post-mortem and after investigation submitted a charge-sheet against A and B under section 304-B, I.P.C. for the offence of dowry-death. In the light of above facts, prepare charge and write a judgment of conviction. [UPJS 1999]

Q. 32. A went to attend a dinner hosted by his business competitor B. During the dinner B complained that somebody had stolen diamond necklace of his wife. Police was called and every-body was searched. The diamond necklace was recovered from the possession of A during search made by the police in presence of other guests. A alleges that he is being falsely implicated by B due enmity by putting this necklace into his coat without his knowledge. In the light of above facts frame charge and write a judgment of conviction. [UPJS 2000]

Q. 33. A young man of considerable means, A developed friendship with a young girl B of

ordinary family living in his neighbourhood. The girl's mother had died and father usually had to go to his fields for working during the whole day. The girl gave birth to an illegitimate son from the above mentioned young man declined the offer of marriage and also refuged to maintain them. On the basis of the above facts write a judgment in the case. [UPJS 2003]

Q. 34. Referring to statutory provisions, discuss the validity of the following:

(a) Where investigation can not be completed within 24 hours, the police officer produces the accused before an Executive Magistrate upon whom the power of a Judicial Magistrate has been conferred. Such Magistrate remands the accused the accused to 10 days police custody

(b) A Magistrate in a summary trial proceeding on conviction passes sentence order for 4 months imprisonment.

(c) A person arrested on accusation of bailable offence is not released on bail by the police officer though the person is ready to furnish bail.

(d) For complaint against the accused without reasonable cause. Magistrate orders payment of compensation in favour of the accused. For default in payment of compensation passes an order of sentence for 60 days imprisonment.

(e) Where accused desires to plead guilty. Magistrate issues a special summon specifying

Rupees one hundred fifty as fine. [UPJS 2003]

Q. 35. On the advice of relations, Harish carried Mansi to his house. But after three months his parents again started misbehaving Mansi. Mansi had conveyed this information through letter to her father. This sort of misbehaviour, harassment and cruelty of Harish and his parents against Mansi continued till her last breath.

On July 4, 2004 night there was a quarrel between Harish and Mansi. On July 5, 2004 at about 11.00 a.m. when Mansi was working in kitchen Harish poured kerosene from a container upon Mansi and Harish's mother threw a lighted matchstick upon her. After ! shutting the door of the kitchen they went away somewhere. After hearing the voice of weeping and crying of Mansi, some neighbours came there. Manu, a neighbour, opened the door. By that time Mansi had burnt to a great extent and was lying unconscious. Manu informed the Police. Police with Manu took Mansi to Government Hospital where doctors declared her dead. After investigation police submitted its report to concerned judicial magistrate against Harish and his parents under section 498-A/34 and 304-B/34 of I.P.C. On the basis of the above facts write a judgment in the case. [UPJS 2006]

Q. 36. What is procedure of trial of offences committed by electronic media? [UPJS 2006]

Q. 37. A with the intention of causing B to be convicted of a criminal conspiracy writs a letter imitating B's handwriting,, preporting to be addressed to an accomplice in such criminal conspiracy and puts the letter is likely to search. On the basis of the facts stated above frame a charge and write a judgment of conviction. [UPJS 2012]

Q. 38. On 23.10.2011 complainant Rahim filed an F.I.R. at police station Sarsawa, alleging that on 12.10.2011 at about 7 p.rh. his minor daughter 'Victim' aged about 14 years had gone to the fields for stool with her younger sister Farzana. After some time Farzana returned home and told that two boys have forcibly taken away the 'Victim'. Upon enquiry being made villagers Gayyur and Ashfaq told the complainant that Arif son of Ishaq Ali and Riyasat son of Farzand Ali, both residents of Village Tirpri, Raigarh had taken away plaintiff's daughter on a motorcycle. A case was registered against Arif and Riyasat on the basis of plaintiff's report at No. 248 of 211 under Sections 363 and 366 I.P.C. Investigation was conducted by sub-inspector T.P. Tiwari.

On 22.12.2011 the 'Victim' and Arif together were arrested from bus stand Nakur. In her statement under Section 161 Cr.P.C. 'Victim' told that she had been repeatedly raped by Arif. On this basis offence under Section 376 I.P.C. was also added in the case. After medical examination 'Victim' was sent in the custody of her father. On completion of investigation chargesheet was filed in the Court of Chief Judicial Magistrate, Saharanpur Under Sections 363, 366 and 376 I.P.C. The main defence of accused Arif was that the age of the girl was above 18 and that sexual intercourse was done with her consent. Riyasat denied his role in the matter.

On the basis of the facts stated above write a judgment of conviction. [UPJS 2013]

Q. 39. Describe briefly the major changes introduced in the Code of Criminal Procedure by the Criminal Law (Amendment) Act, 2013 (No. 13 of 2013) with special reference to certain offences against females. [UPJS 2013]

Q. 40. On 10.06.2014, Ram Kishan and his nephew Rajeev were going on a motorcycle carrying Rs. 1,50,000 with them in the dicky, for purchasing a piece of land. While they were near a Farm in Gajraula, Jyotiba Phule Nagar District of Uttar Pradesh at around 10 A.M., two accused persons—Ranjeet and Rajender came from behind in Maruti Car. They brandished country made pistol and asked them to stop and as they stopped, Ranjeet and Rajender asked them to hand over the money. Ram Kishan and Rajeev handed over the key of the motorcycle to them. Ranjeet and Rajender took out the money from the dicky and sped away. Ram Kishan gave the information of this incident to ASI Akhilesh Kumar whom he met on the way to the Police Station. On the basis of this information an FIR was registered at Gajraula Police Station.

Location of the mobile phones of Ranjeet and Rajender was traced near the place of crime on the date and time of incident. Recording of Closed Circuit Camera showed that the Maruti Car used for crime passed and paid toll at NH24 toll booth situated at Gajraula half an hour before the incident. This car was registered in the name of accused Ranjeet. Ranjeet and Rajender also made confessional statement before the Investigation Officer and said that they have spent Rs. 94,000 out of the looted money and the remaining amount of Rs. 56,000 is lying at the house of Ranjeet. The amount of Rs. 56,000 was recovered from the house of Ranjeet.

Ranjeet and Rajender also made disclosure statement before the police thereby alleging the role of two employees at the firm of Ram Kishan, Rajesh and Raman as the informers of the group and said that Rajesh and Raman had informed Ranjeet and Rajender of the fact that Ram Kishan is carrying the money in a motorcycle and that they could loot him. It is further alleged that they received a share of Rs. 10,000 each from the looters. Further, the evidence against Rajesh and Raman is their own disclosure statement to the police pursuant to which, allegedly, the police recovered Rs. 5,000 (Rajesh's share left unspent) and Rs. 4,000 (Raman's share left unspent) from them.

Ranjeet and Rajender denied having made any disclosure statement before the police and also denied the charge and stated that they were not present in Gajraula on the day of incident and pleaded that they did not commit the robbery. During the trial Rajesh and Raman also denied having made the disclosure statement and pleaded false implication. The accused were charge-sheeted for the offence punishable under Sections 120B, 392, 397 of the Indian Penal Code and Section 25 of the Arms Act.

On the basis of facts stated above write a judgment of conviction. [UPJS 2015]

Q. 41. (a) On date 15.3.2014, a custom officer takes personal search of one Jai Prakash Narayan at Lucknow Airport. One metal has been recovered from his possession. One uneducated but experienced goldsmith has been called to examine the metal. After examining the recovered metal the goldsmith reveals that the metal is gold. As a result, the gold is seized and the matter has been produced before the court for trial. The accused puts forward his defence on the grounds that (i) the proceeding conducted by the custom officer and the seizure of gold was a prosecution therefore he cannot be put to another prosecution before the court and (ii) the goldsmith who examined the metal was not a qualified expert therefore proceeding was not lawful. Prepare a draft of charge against the accused into the matter.

(b) On the basis of the facts in part (a), decided the matter and give your judgment. [UPJS 2016]

Q. 42. On the basis of decided cases, discuss briefly the distinction between the procedure of investigation by a police officer in cognizable and non-cognizable offences. Specially for the protection of women against heinous crimes, what major amendments are made in the Criminal Procedure Code by the Criminal Law (Amendment) Act, 2013 (No. 13 of 2013)? Discuss in brief. [UPJS 2016]

Q. 43. Explairi the following:

(i) Search warrant.

(ii) Discharge and Acquittal. [HJS 1986]

Q. 44. C went to see a cinema show after locking his house. On his return after about three hours he found that the lock had been broken open and the house ransacked. C also found that his clothes and a gold locket on which his name was engraved had been removed. C reported the matter to the police the same day. The Station House Officer arrested the accused A on the third day of the incident and when interrogated A stated: "I committed the theft. I sold the clothes in the market but have concealed the locket in a hole in a tree trunk in the jungle." The investigating officer recovered the locket from the hole in the tree pointed out by A but he could not recover the clothes. At the trial before the magistrate for offences u/s's 350 & 457 I.P.C. the prosecution examined

(1) the Station House Officer, (2) C the first informant, (3) G a glodsmith who prepared the locket for C, (4) M a motbir of recovery. The accused denied to have committed any offence. He further denied to have given any statement before the Station House Officer or to have pointed out the tree. He produced no defence evidence. Please write a short judgment in the case. [RJS 1969]

Q. 45. Write short note on the following:

Difference between "Discharge" and "Acquittal". [DJS 1973, HJS 2011]

Q. 46. B states on oath in a criminal Case before a magistrate that he saw A demolishing the wall of D's house on 3-4-1971. In a civil case regarding the same incident, B stated on oath later on before a Munsif that he had never seen A demolishing wall of D's house.

(a) How should the Munsif proceed against B if he thinks that B has given false evidence? Write the appropriate order.

(b) Frame an appropriate charge against B in a criminal case filed against him for giving

the above-mentioned false evidence. [RJS 1971]

Q. 47. When does a criminal trial start in Summons, Warrant, and Sessions cases? [RJS 1974]

Q. 48. Give in brief the changes thought about by the new Code of Criminal Procedure of 1973 to simplify the Procedure and speed up the criminal trials. [RJS 1975]

Q. 49. Imagine that you have got the record of criminal case No. 45/1974. State versus Hanuta offence under section 380 I.P.C. pertaining to the Court of Munsif Magistrate, Salumbar. The record contains all the papers, save the judgment. Write out the judgment. You are not to sign it. [RJS 1976]

Q. 50. Write a short judgment on the following facts—

K, S and J were three brothers. They had their separate lands. K's lands were cultivated by S and J in his absence. K came and sold his land to M. M could not get possession. M and his party of seven persons came armed and began to plough the land. S protested and quarrel ensured. S received 72 injuries and died. The accused plead that K had put M in possession, S and J wanted to dispossess him by force. [RJS 1977]

Q. 51. What must the court do before imposing a sentence on the accused in a criminal case, after it has found the accused guilty of an offence? [RJS 1984]

Q. 52. Can a Judicial Magistrate'direct the police to file a challan against the accused person? Reference of a ruling be given in support of answer. [RJS 1986]

Q. 53. Distinguish between dismissal of a complaint, discharge and acquittal. What are the remedies available in each of these cases? [RJS 1989]

Q. 54. A inflicted several injuries by a sharp edged weapon. One of such injuries was grievous.

Draft a complaint for the offences committed in these circumstances. [RJS 1991]

Q. 55. Write a judgment convicting the accused for an offence of theft? [RJS 1991]

Q. 56. Draft a complaint for an offence of dishonest misappropriation of property. [RJS 1994]

Q. 57. Write a judgment acquitting an accused of an offence of receiving stolen property. [RJS 1994]

Q. 58. On 15th January, 1998, at Jaipur Airport a custom officer conducted search of A and recovered some pieces of metal from his possession. For the examination of the said metal, an un-educated but experienced gold-smith was invited who opined that the said metal was gold. Consequently the gold was confiscated and the matter was referred to the Court for trial.

The accused defends himself on the grounds that (i) the proceedings and confiscation by the custom officer was prosecution and hence according to Section 300 of the Code of Criminal Procedure, 1973 he cannot be prosecuted in the Court and (ii) the gold-smith who examined the metal was not a competent expert.

Write a judgment deciding the case. [RJS 1999]

Q. 59. Draft an order of attachment of property of a person who has committed the offence of extortion and is concealing himself to avoid his arrest. It must be in the prescribed form. [RJS 2011]

Q. 60. A suit was instituted for damages on the basis of defamation but the plaintiff failed to prove his case. On imaginary facts write a judgment in this matter. [RJS 2014]

Q. 61. Sita Devi was married to Ramesh on 16.04.2006. Two children, Arpit and Pankaj, were born out of this wedlock in the years 2008 and 2012 respectively. Ramesh used to quarrel with Sita on trifle issues. Ramesh and his mother Kailashi Devi were not satisfied with the dowry given in the marriage. Ramkishan, father-in-law of Sita, however, protected her on several occasions and asked his own wife Kailashi Devi and son Ramesh not to harass and torture Sita for bringing inadequate dowry. Even then, Ramesh and Kailashi subjected Sita to cruelty and mal-treatment. Exasperated by circumstances, Sita committed suicide on 09.09.2015. Dashrath, father of deceased Sita, lodged a first information report against her husband, mother-in-law and father-in-law. On basis of the FIR lodged by Dashrath, father of Sita, investigation was made and Smt. Kailashi, Shri Ramkishan and Shri Ramesh were charge-sheeted. The competent court took cognizance of the offence and the case was committed to the Court of Sessions. The Sessions Court framed the necessary charges against all the accused persons. The accused denied the charges and desired trial. During the course of trial, Krishan Kumar, Om Prakash and Smt. Radha (neighbours of the accused persons), Dashrath (father of the deceased), Vasundhara (mother of the deceased) and Kiran Kumari (sister of the deceased) were examined. All these witnesses stated about torture and harassment of deceased Sita by Ramesh and Smt. Kailashi for dowry. Nothing was said by these witnesses against Shri Ramkishan. 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, either of acquittal or of conviction, giving reasons therefor. [RJS 2016]

Q. 62. Suresh went to see a cinema show after locking his house. On his return after about three hours he found that the lock had been broken open and house ransacked. Suresh found that his clothes and a gold locket on which his name was engraved had been removed. Suresh reported the matter to the police the same day. The Station House Officer arrested A on the third day of the incident and when interrogation started A stated, T committed the theft. I sold the clothes in the market but have concealed the locket in a hole in a tree-trunk in the jungle'. The investigating Office recovered the locket from the hole in the tree pointed out by A, but he could not recover the clothes. At the trial before the Magistrate for offence under section 350 and 457 I.P.C. the prosecution examined:

(i) The Station House Officer

(ii) Suresh the first informant

(iii) G, a goldsmith, who prepared locket for Suresh

(iv) M, an independent witness of recovery.

The accused denied to have committed any offence. He further denied to have given any statement before the Station House Officer or to have pointed out the tree. He produced no defence evidence.

Please write a short judgment in the case. IPJS 1973]

Q. 63. K had suspicion that B had liaison with his wife. He approached C and suggested that B should be killed. Thereafter K alongwith D got knife of unusual dimensions prepared from Shamu. K armed with the knife and accompanied by C and D attacked B while he was asleep and caused death by infecting two injuries which were sufficient to cause death in the ordinary course of nature. During investigation K made disclosure pursuant to which the knife was recovered. It was found to carry human blood. It was also found that C had confessed to Hamam about his involvement in commission of murder by the three. C became approver and K died before trial commenced.

Evidence against D comprises of:

(1) Approver's statement implicating himself and others.

(2) Shamu's statement regarding preparation of knife.

(3) Statements of witnesses of disclosure and recovery.

(4) Previous confessional statement of C.

(5) Medical Evidence.

(6) Evidence showing motive.

Please write short judgment. [DJS 1976]

Q. 64. A and B agree to deprive a Nationalised Bank at Delhi of Rs. 25000/-. B, employee of the Bank, makes false entries of deposits in favour of A in the Bank-accounts. On that basis he induces the Manager of the Bank to sign five drafts of Rs. 5000/- each (on different dates and months in two year time) in favour of A payable at Kanpur Branch of the Bank. A encashes the drafts at Kanpur.

(Cheating and making false entries in Bank-accounts are offences punishable under Sections 420 & 477A I.P.C. respectively)

(a) Frame charges against A and B for their trial at Delhi.

(b) Give a ruling on prosecution request that all offences committed by A and B at Delhi

and Kanpur be tried in one trial at Delhi. [DJS 1979]

Q. 65. Accused, a naval officer was married to S.A. (the deceased) was a business man and unmarried, aged 34 years. As a naval officer, the accused was frequently going away in his ship, leaving his wife and children behind. Gradually friendship developed between A (deceased) and S (wife of the accused) which culminated in the illicit intimacy between them. Accused was away with his ship for a fortnight and on April 18, he noticed that his wife was behaving strangely and was not responsive or affectionate to him. On April 27, when they were sitting for the lunch; the accused felt that his wife was unresponsive and tense towards him. After lunch when he questioned her about her fidelity, she shook her head to indicate that she was unfaithful to him. He guessed that her paramour was A. Enraged at the conduct of A, accused went to his ship, took from store a semi-automatic revolver and 6 cartridges on a false pretext, loaded same, went to flat of A, entered his bed-room and shot him dead. Thereafter, he surrendered himself to police.

In his statement under section 313 Cr.P.C. the accused stated that at A’s flat he rang the door-bell, and when door was opened by a servant, went into bed room and shut the door behind him. He carried with him envelop containing revolver. Accused called A, filthy swine and asked him whether he would marry ,S and look after children. A retorted "Am I to marry every woman I sleep with?" Accused became enraged, put the envelop containing revolver on a cabinet nearby, and threatened to thrash A. A made a sudden move to grasp at the envelop, when the accused whipped out his revolver and told him to get back. Struggle ensued between the two. During struggle two shots went off accidentally and hit A resulting in his death.

The watchman P deposed that when accused was leaving compound of the building he told me that he had a quarrel with A, as latter had connections with his wife, and therefore killed him.

Three hours had elapsed between 1.30 p.m. when accused left his house and 4.30 p.m. when the murder took place.

(i) Write a short judgment giving reasons for not believing defence version.

(ii) Assuming defence plea to be plausible, examine legal basis of alleged provocation and accidental firing; and decide what offence, if any, he committed. [DJS 1980]

Q. 66. Ram sold his land to K for Rs. 25,000/-. Amount was paid to Ram in cash which he brought home and kept in a tin-box. In the evening the same day he talked of the deal to his friends Sanwal and Kirori and told them that he had kept the cash in his house. When Sanwal and Kirori were going to their house, they planned to steal the money. Pursuant to their objective, armed with house-breaking equipment they went near the house of Ram at about 2 a.m. and made an opening in the outer wall of Ram's house and entered the house. Sanwal stood near the bed of Ram where he was asleep and Kirori searched the house for the money, Kirori found tin-box containing the money. Just when Sanwal and Kirori were making their escape through the opening in the wall. Ram's wife woke up and shouted "thief", thief". Ram and three of his sons woke up and pursued Sanwal and Kirori. Trying to escape from their pursuers. Sanwal and Kirori entered the house of Abdul Ganj and closed the door from inside. Ram and his sons entered the house by scaling over wall and tried to snatch the box-containing money from Kirori who was holding it. Kirori and Sanwal offered resistance whereupon Ram and his sons caused injuries to them with knife and lathis and recovered the box.

Kirori and Sanwal are prosecuted for theft and house-breaking by night, and Abdul Ganj is prosecuted for harbouring the offenders.

Abdul Ganj, Kirori and Sanwal also filed complaints against Ram and his sons under • section 323 and 324 I.P.C. and under section 458 I.P.C. (committing lurking house¬trespass or house-breaking by night after preparation for hurt of assault).

Write short judgments in the above cases mentioning the defence pleas available to the accused persons in each case and deciding them with reference to relevant law. [DJS 1980]

Q. 67. One T had case under sections 147, 148 and 379 I.P.C. registered at Police Station against six persons including one P. Warrants were issued for their arrest and they all surrendered in Court of the Magistrate. The Magistrate passed orders releasing them on bail. The police submitted report under section 173 Cr.P.C. saying that the report of T was false and requested that accused be released from charge. Agreeing with Police Report, Magistrate passed order discharging accused including P. Thereafter, P filed a complaint before Magistrate accusing T of the commission of offences under section 211 and 182 I.P.G. for his having filed a false report with Police with intent to cause injury of annoyance. T appears in Court in response to summons. He raises an objection that the Magistrate has ho jurisdiction to proceed with case without a complaint of Court, which received the section 173-report.

Write an order considering objection in reference to section 195 Cr.P.C. [DJS 1980]

Q. 68. S is the appellant before the Supreme Court in a murder case. He with another accused gave a beating to R, the friend of V. After the beating, S and his accomplice were waiting for a bus. V, the deceased and his brother came to the bus stop, where they learnt from R about the beating. V, then stopped the appellant and a scuffle ensued the by-stainders separated them the appellant proclaimed that he would teach V a lesson. Two days thereafter, the appellant and three co-accused were standing at the bus-stop. The deceased and his brother alighted from a bus and proceeded towards Coffee House, where their friend had invited them. When the appellant spotted them, he shouted that he was waiting for them. On this, the deceased and his brother quickened their pace. The appellant and his companion ran after them and gave blows with their hands. The deceased and his brother ran still faster, being pursued. The appellant was carrying the dagger and stabbed the deceased in the back. On receiving the stab blow, the deceased turned round. The appellant then stabbed him again with sufficient force on the chest. The deceased staggered further some paces and fell down. The appellant was about to stab him again, but a passerby picked up an iron rod from nearby and hit the appellant with it on his head. Thereupon, the appellant and is companion fled from the spot. The deceased was declared dead in the hospital.

The appellant and his co-accused were charge-sheeted for murder but the Sessions Judge convicted the appellant under section 304 Part II I.P.C. The High Court, on appeal, convicted the appellant under Section 302 I.P.C.

In the appeal before the Supreme Court, it was urged that the appellant had inflicted the injuries; if at all, on the deceased in the exercise of his right of private defence, support for which as taken from the medical evidence showing that the appellant had sustained a grievous injury on the head. It was also argued that the deceased had hit the appellant on his head with a chopper and that the appellant had thereafter snatched the chopper from the deceased waved it towards the deceased. It was urged the Exception II and IV to section 300 I.P.C. were attracted.

The State contended that the appellant received the blunt injury (not caused by a cutting weapon like chopper, as proved by the medical evidence) on his head after he had caused the fatal injury to the deceased. It was also contended that the deceased was unarmed, had turned tail and taken to heals. The State counsel argued that with the dagger in hand, the appellant chased the fleeing victim and stabbed him and it showed that the appellant was the aggressor and that he inflicted the injuries vindictively and not in self defence.

Write a reasoned judgment, dealing with the pleas raised. In case the appellant is convicted Under section 302 I.P.C. whether he should be awarded life imprisonment or

death sentence, keeping in view, "the rarest of rare cases" reasoning of the Supreme Court in the matter of death sentence. [DJS 1982]

Q. 69. A pro-bono publico prosecution by a journalist is filed in a Magistrate's Court against the actor, director, producer and distributor of a Hindi film under section 292, I.P.C. alleging that the film was obscene.

The actor and the connected agencies moved the High Court, but in vain, and then the Supreme Court for quashing the proceedings. The rival pleas taken by the parties are as follows:

(a) It is argued that before the exhibition of the film, the Board of Censors had duly certified the film for public exhibition to an adult audience, having granted the certificate under section 5A (1-A) of the Cinematograph Act, 1952, and the Board has to consider, before certification, all the points section 292 prescribes. The contention is controverted by arguing that if the film is obscene within the meaning of section 292 I.P.C. the mere grant of the certificate by the Board of Censors is no bar to the Criminal Court's jurisdiction to try the offence.

(b) A plea is taken that by th^ grant of the certificate by the Board of Censors, the actor and others are protected under section 79 I.P.C. because they were justified by law and the bona fide belief. The complainant argues that section 79 I.P.C. by itself or coupled with section 5A of the Cinematograph Act cannot render the pending criminal proceedings groundless and liable to quashing.

(c) It is also contended that if the film is obscene or in any way offending the public morals, the Board of Censors has ample powers under the Cinematograph Act

r On the other hand, it is pleaded that if once the obscene film is exhibited, all concerned are liable for prosecution under section 292 I.P.C., and the provisions of the Cinematograph Act or section 79 I.P.C. do not demolish the prosecution.

In the light of the argument, decide whether the prosecution is unsustainable because of section 79 I.P.C. and the certificate granted by the Board of Censors by giving a reasoned judgment with case law. [DJS 1982]

Q. 70. A woman left her house and she was later found murdered. The prosecution evidence proves that when she was last seen alive, she was wearing gold ornaments. The recovery of the gold ornaments had been made at the instance of the appellant, after three days of the occurrence. There is no direct evidence and the prosecution case is built against the accused on the circumstantial evidence alone.

The police challenged the accused under section 411 I.P.C. (dishonestly retaining the stolen property, knowing or having reason to believe the same to be stolen property), section 394 I.P.C. (voluntarily causing hurt while committing robbery) and section 302

I. P.C. (Committing murder). The accused was acquitted by the Sessions Court, but in appeal by the State, the High Court set aside the acquittal and convicted the accused under section 302 and 394 I.P.C.

In appeal before the Supreme Court, the appellant pleads for acquittal on the following grounds:

(a) There is no direct evidence or any eye witness to connect him with the commission of any of the offences of murder and robbery of which he has been convicted by the High Court.

(b) The circumstantial evidence does not exclude or is not inconsistent with the hypothesis of the innocence of the appellant.

(c) The onus lies on the prosecution to prove its case and the presumption arising on the basis of robbery of ornaments will not exempt the prosecution from its burden of proving the case.

The state contends as follows:

1. The ornaments recovered at the instance of the appellant have been proved to be the stolen property, and on the basis of presumption under section 114 of the Evidence Act, the appellant is liable to be convicted under section 411 I.P.C. as the receiver or retainer of stolen property.

2. The accused has not given any explanation as to how he came to have the ornaments belonging to the deceased, which had been recovered at his instance after the murder of the deceased. The absence of any explanation raises the inference that the appellant must have robbed and murdered the deceased.

Write a judgment, disposing of the pleas raised. [DJS 1982]

Q. 71. A newly married Woman was travelling alone in a bus, wearing amongst other ornaments, one "mangalsutra". She fell asleep in the bus as she was tired. X sitting next to her, taking advantage of her sleep, loosened the hook of the "mangalsutra" with the intention that, if it falls down on the floor of the bus he will remove it. Unfortunately for him, the "mangalsutra" fell down and rested in her blouse.

Write a judgment, giving reason for the conviction, if any, of X of any offence. [DJS 1982]

Q. 72. V, his father S and his mother G were all charged with the murder of V's wife. The evidence led in the case was that the deceased was considered by the accused as inauspicious as none of her issue ever survived. She used to make complaints of severe harassment by the accused to her sister R. On 14-8-83 R had gone to the house of the accused to meet her sister. There V told her that the deceased has gone with S to take some medicine. On the next day there was general rumour in that area that the wife of V has been killed. Thereupon R again went to the house of the accused and wanted to meet the deceased. At first the accused did not allow R to see the deceased. When R raised hue and cry, the accused showed her the dead body of her sister lying in a swollen condition emitting a foul smell. On 15-8-83 S lodged a report with the police that the deceased had committed suicide by hanging herself with a rope.

The post-mortem revealed that besides a ligature mark on the neck, the abdomen of the deceased was distended and discoloration was present in the flanks. Further there was a big tear 6" long in the stomach of the deceased besides a lacerated wound 3" + 16" on the front of left lobe of the liver. All those injuries were ante mortem. The doctor who conducted the post mortem stated that there was little possibility of the deceased hanging herself, in view of the above injuries.

All the accused pleaded innocence and contended that the deceased had committed suicide by hanging herself.

Write a reasoned Judgment. In case of conviction for murder, whether capital punishment of imprisonment for life should be awarded to the accused persons. [DJS 1984]

Q. 73. One R was married to B 5 years prior to the occurrence, yet she was issueless. X brother of R had also been residing with her sister and brother-in-law even before the impugned incident. There was evidence to the effect that since R had failed to beget any child, the relations in between the husband and the wife were very strained. The parents of B were also very much unhappy on the said score. Smt. R is reported to have told her brother X that her husband had tried to throttle her on 01.05.76 but had restrained to do so on second thought. During the intervening night of 1st and 2nd of May 1976 while X was reading outside the house of B in the bulb light at the house of L, he heard a noise coming from inside the house of his brother-in-law. X along with L got the door of the house of B opened and entered the house. They found Sm. R lying on the ground in a semi-conscious state. She informed the above said two persons that she had been administered 3 tablets by her husband on the pretext that it will help her in getting pregnant. The matter was subsided on the intervention of X and L. The door was again bolted from inside.

On the next morning, i.e. on 02.07.76 when the door of the house was opened and X entered the house he was startled to see his sister hanging from a peg in the roof with a rope, the one end of which had been tied to a nail fixed in the wall. X tried to lodge a report but he was not allowed to do so by B and his father on the pretext that the village watchman had already been instructed to do so in regard to the suicide committed by Smt. R.

Doctor who conducted the post-mortem found the face of the deceased bloated and bleeding from her nose. He further found the following ante mortem injuries:—

(1) The ligature mark in width over the Hyroid cartilage. The mark of knot on the right side 1W x 1" with contusions of tissue underneath and fracture of thyroid cartilage.

(2) Abraded contusion 5" x 3W on the front right side of the chest with fracture of second and third ribs and laceration of the right lung.

(3) Abraded contusion 6" x 4" on the front of the left side of the chest with fracture of second, third and fourth ribs anteriorly in the middle clerical line with laceration of the left lung underneath.

(4) Abraded contusion 2" x 1" on the back of the left hand over the fourth knuckle.

According to the doctor the death, was due to shock and haemorrhage and asphyxia due to above injuries. B husband or R, M, his father, and his mother, were charged with murder or R. They pleaded not guilty and the defence was that the deceased committed suicide.

Write a reasoned judgment. In case of conviction whether capital punishment or imprisonment for life should be awarded. [DJS 1989]

Q. 74. A and B are being prosecuted for the offences under sections 302/34, 201/34 and 404/34, of the Indian Penal Code. According to the prosecution, on 15.2.1989 both these accused, having induced the deceased to accompany them, committed his murder and then took out his ornaments which were on his body and then threw away the dead body into a well and on the next day sold away the ornaments to a goldsmith in a nearby village. The prosecution case rests on the following evidence:

1. There were long standing enmity between the accused persons and the deceased.

2. The deceased was last seen going together with the accused persons in the evening on 15.2.1989.

3. The ornaments which were on the person of the deceased were sold away by the two accused to a goldsmith in a nearby village on 16.2.1989.

4. Both the accused raised a false plea that they were in the village all the days till the dead body was recovered on 17.2.1989.

Write a judgment disposing of the case, bringing out clearly the standard of proof required in. such cases. [DJS 1990]

Q. 75. K stands charged for the offences under sections 302/201,1.P.C. Apart from the confession of co-accused, the evidence at the trial consists of the following circumstances:

1. That the accused had a strong motive for revenge against the deceased and had twice been heard to say that he would be revenged;

2. That though at the time of the murder the accused was attending/a meeting at a Gurudwara, he was absent from the meeting long enough to enable him to commit the murder;

3. That some 12 hours after the crime, he assisted in removing the body of the deceased which had been put in a gunny bag, from the house in which the victim was murdered to a lonely place about a mile away from there; and

4. That strips from a sari border which were used for tying up the mouth of the gunny bag, were tom off from a saree belonging to the mother of the accused and found from his house.

Write a judgment deciding the case against K, indicating clearly the standard of proof required in such cases. [DJS 1990]

Q. 76. The wife got a case registered against her husband B for an offence under section 406, I.P.C. on the ground that after their estrangement her gold ornaments were retained and misappropriated by B. The police arrested him. During interrogation B disclosed that he had handed over the ornaments of A, the wife, to one C. In his statement recorded under section 161 of Criminal Procedure Code. C stated that he had pledged those ornaments with a Bank. Ornaments were recovered from the Bank. B was, however, acquitted on a finding that evidence had not established his guilt. In proceedings regarding disposal of property after conclusion of trial, each of A, B and C lays claim to the ornaments. Write an order disposing of the respective claims. [DJS 1990]

Q. 77. After the prosecution evidence was over, the court said to the accused, "Having heard the evidence against you what have you to say about?" The accused replied, "I am innocent. I was at Nagpur at the crucial time when the occurrence in question took place at Agra. The prosecution story is false. I shall produce evidence". And he did. His conviction is being assailed on the ground that he had not been properly questioned after the prosecution evidence. How would you decide? [DJS 1991]

Q. 78. On 05.06.94 at 5 A.M. Police Control Room received information that an incident had taken place in House No. 10, New Colony. The police reached there and found that wife of the accused had been murdered. The accused told police that he slept with his wife in the back verandah after his brother retired to his bed-room at 10 P.M. He locked the collapsable door of the verandah. His wife wearing gold ornaments. At 1.30 A.M. he felt chi’y so went to sleep in the bedroom. He came out at 4 A.M. to urinate and found his wife almost naked upto thighs, her tongue protruding and on touching her he found her dead. He also noted some scratches on her tongue neck and her gold ornaments missing from her body. He told that his wife as strangulated by somebody while committing theft of her ornaments. He screamed and his brother and neighbour collected. His telephone was out of order so he asked his brother and neighbour to inform the police. Police found injuries in the nature of bruises etc., on the front part of the body, on the neck, as well as on the back of the accused. The accused was tried for committing the murder of his wife. There was no eye witness of the occurrence. The circumstances set up by the prosecution against the accused during trial were:—

(i) Information to the police at 5 P.M. given by a neighbour and not the accused.

(ii) The accused having slept alone at night in the verandah with the deceased after having locked the collapsable door of that verandah from inside and the lock having been found in the comer of the back courtyard in the morning without being tempered with;

(iii) The deceased and the accused were last seen together;

(iv) The ornaments, which were stated to be on the person of the deceased while she was sleeping, and which were found missing when she was discovered and having been recovered from the drain hole of the bath-room attached to the bed-room of the accused in consequence of and in pursuance of a disclosure statement made by the accused;

(v) Injuries found on the person of the accused in the nature of abrasions, contusions, and lastly;

(vi) The accused having given false information to the police by means of his statement.

Other evidence was that relation between accused and his wife were cordial and there was some discrepancy in the statement of the witnesses of recovery of gold ornaments. About injuries on his person accused alleged that he was beaten up by the police. Write a judgment. [DJS 1996]

Q. 79. B was neighbour of A. He had illicit relations with A's wife C for many years. On ' 31.03.1993 B went to sleep in his house in the evening and did not appear thereafter.

On 04.04.1993 brother of B lodged a report with the police expressing suspicion against A and C. During the course of Investigation A allegedly made disclosure statement and consequently led the police party to his sitting room where he pointed out a spot covered by a cot. He thereafter dug the floor and dead body of B was recovered from a five feed deep grave. At A's pointing out the police also seized a wood cutter and a knife from a bag hanging in the adjacent room. Knife had no blood stains while wood * cutter had it and serologist on examination found it to be human blood and of the same group as that of deceased B. Both A and C were tried for offence under section 201/34 and 302/34 Indian Penal Code. The entire case of prosecution is based on circumstance evidence. The circumstances relied up by the prosecution are:

(i) The deceased had illicit relations with C, wife of A;

(ii) The deceased was last seen on the night of 31.06.93 when he went to sleep in his house and thereafter his dead body was found buried in the house of accused;

(iii) A on interrogation made disclosure statement leading to recovery of the dead body from a five feet deep pit in the sitting room of A;

(iv) Recovery of wood cutter from the possession of A which was found to bear the same human blood group as that of the deceased.

Write a judgment.

(Section 201 Indian Penal Code causing evidence of commission of offence to disappear, section 302 Indian Penal Code committing murder, section 34 Indian Penal Code commission of offence in furtherance of common intention). [DJS 1996]

Q. 80. A case of criminal breach of trust was registered against X. The police (i) arrests X, (ii) searches the premises of X, (iii) freezes his bank account, (iv) seizes property found in his possession connected with crime. X raises objection that he should have been given opportunity of being heard before these actions. Dispose of his objection. Also discuss the application of principle of audi alteram partem in criminal proceedings. [DJS 1996]

Q. 81. X a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e. 10.10.99 in case F.I.R. 301/99 Police Station Kashmeri Gate under section 379 I.P.C. relating to pick pocket of a passenger P, who arrived at I’.S.B.T. on the night intervening 06.10.99 and 07.10.99; a cash amounting to Rs. 300/-, ball-pens numbering about four dozen and several key rings were recovered from the personal search of X. X during course of interrogation confessed to have picked the pocket of a passenger on the night of 06.10.99 and 07.10.99 and could get recovered the stolen purse. Identity Card of the passenger and a part of the casb from the house of his sister in Mangolpuri.

Police prayed that X be given in police custody for two days to enable them to effect the recovery of the stolen articles and complete the investigation. On the other hand a plea for the release of X on bail was made on the ground that he is innocent and police has falsely implicated him in the theft case and he never made any confession about the incident of theft. Case diaries produced before you showed the factum of arrest of X on 10.10.99, his interrogation but their existed no confession of X. Decide the prayer of police and the plea of X. [DJS 1999]

Q- 82. A and B have been arrested for the offence of murder of one C punishable under section 302 read with section 34 I.P.C. and were remanded to custody from time to time for a total period of 90 days, out of which 3 days were in police custody and 87 days in Court/judicial custody. As the investigation could not be completed within the stipulated period of 90 days, on the 91st day a plea for the release of A and B on bail was made. The court issued notice to the State through Public Prosecutor and fixed the matter for consideration and hearing for the next day. On the next day police filed report under section 173 Cr.P.C. with a footnote that the reports of chemical examiner and serologist in regard to certain material exhibits are awaited and shall be field soon after the receipt. Public Prosecutor also opposed the pleas of A and B.

Decide the plea of A and B. Would it make any difference if there was no foot note in the report? [DJS 1999]

Q. 83. H, Husband is facing trial for the offences under sections 302 and 201, Indian Penal Code for having committed the murder of his wife W by administering poison to her. There are no eye witnesses to the occurrence. However prosecution established and relied upon the fcllov.'ing circumstances in order to prove its case against H:

(1) H was an Army Officer posted in Delhi and was living in a quarter with his wife W during the relevant period.

(2) W had some white spots on some parts of her person and H believed that W was suffering from Leprosy.

(3) H and W were not having cordial relation and often quarrelled, W alleging that H was having illicit relation with the widow of his elder brother.

(4) H although had obtained a travel warrant of W from the military authority but travelled alone to his native place in Pune around the same period when body of IV was recovered in a decomposed state.

(5) H on reaching his native place falsely represented to the mother of IV that IV could not accompany him as she was getting treatment for certain ailment.

(6) Body of W was recovered by the police from near the railway track at a distance of about 100 meters from the house of H, two days later, to the date of which H had travelled to his native place but the postmortem examination put the time of the death of IV to the date of the departure of H.

(7) House of H was found locked from outside when the police took H there, seven days after his arrest from Pune.

(8) Certain ornaments, a wrist watch and some new clothes belonging to IV were recovered from the house of the sister-in-law of H pursuant to his own disclosure and confession of the guilt before the police.

H pleaded innocence and put forth the defence plea that W had declined to accompany him to his native place and so he left alone, leaving IV in the quarter in Delhi and IV might have committed suicide by consuming poison.

Write judgment. [DJS 1999]

Q. 84. Five Police officials A-l to A-5 are being tried for the offence punishable under section 302 Indian Penal Code read with section 34 Indian Penal Code on the allegation that on the night intervening 31st December 1998 and 1st January 1999, they with the common intention of all of them killed three persons, who were returning to Delhi from Agra in a Maruti Van, by fire arms. Investigation was conducted by the C.B.I. No Public witness who might have witnessed the occurrence came forward to support the case. Prosecution, however, established and relied upon the following circumstances:

(1) Police Officer A-l who was also incharge of Police Station was informed by constable that he had received information that certain criminals are moving in a Maruti Car and they are firing shots.

(2) Getting the information A-l with A«£to A-5 immediately left the police station armed with revolvers and riffles in a police jeep.

(3) After about two hours A-l to A-5 returned to the police station and brought back three dead bodies and one Maruti Van by toeing.

(4) Maruti Van was found to be damaged, its glasses broken, it having bullet marks and blood marks.

(5) All the bodies had bullet injuries on them and postmortem report showed that deceased were killed on account of firing from rifles.

(6) Ballistic report showed that pistols found near dead bodies were never used and were in fact defective.

(7) There was no damage or marks on the jeep used by the police officials /accused.

(8) None of the accused had sustained any injury on account of alleged firing.from the van.

(9) Accused A-l took away the police station diary which he made available four days after the occurrence and the diary was found manipulated.

Accused A-l to A-5 pleaded that they had to fire upon the vehicle in order to apprehend the criminals who had fired indiscriminately from inside the Maruti Van.

Write the judgment. [DJS 1999]

Q. 85. A bus stopped at the stand. A man and a woman started to board it from the front gate.

The driver put it in motion, throwing the woman on road and the man under back left wheel. While the man died, women suffered only bruises.

The driver pleaded 'not guilty' to charges under sections 279, 337, 304A Indian Penal Code and in alternative asked for probation.

Write judgment to decide the case keeping view the points likely to be raised by the prosecutor and the accused Driver. (DJS 2000]

Q. 86. Six Brothers faced trial for offence of rioting and grievous hurt. It was alleged that two brothers gave first and kick blows to victim and third prevented his wife from coming to his rescue while remaining three did not do any overt act. They all had come with the object of be labouring the victim.

Write judgment indicating the offence and deal with the plea of lastly mentioned three brothers of alibi. [DJS 2000]

Q. 87. Police got information of a double murder and reached a two storeyed house at about

5 p.m. They found S standing there. They found dead body of a young woman on the first floor and a middle-aged woman in the courtyard. Maternal uncle and brother-in- law of S came there. When S was being taken by police in the jeep, he confessed that he killed his wife and then widowed mother by strangulation. He got recovered a Chunni and rope from under a tree in front of the house. Post-mortem confirmed death of the woman by strangulation.

Write a complete judgment. [DJS 2000]

Q. 88. X a Director of Chit Fund is facing trial under section 420 IPC. The FIR was lodged by C. As PW1 C stated after a part examination in chief was recorded that X's wife was also involved. The Magistrate ordered, “Summon X's wife also under section 319 Cr.P.C. She is a co-accused in two other cases of cheating in which FIR was lodged by B and C against X.

Argue in support and against the Order. [DJS 2000]

Q. 89. In what manner a police officer can seize, if at all, bank account of an accused during investigation of a corruption case? Discuss. [DJS 2000]

Q. 90. A is charged for the murder of his wife. During the trial the following facts are established:

(a) deceased suffered burn injuries on her body;

(b) the last seen evidence points out that A was the only person present in the house at the relevant time;

(c) before dying the deceased made a dying declaration that her sari caught fire due to an explosion in the stove when she was cooking food;

(d) as per the post mortem report she had suffered 90% burns and traces of kerosene were found on her head;

(e) no pieces of the stove were found at the scene of occurrence.

Decide the case and write a reasoned judgment. [DJS 2005]

Q. 91. A, B, C and D entered the room of the deceased armed with lathis. A exhorts the other to attack X. E, the servant of X, tries to save his master and sustain injuries in the process. E in his evidence did not attribute any positive Act on the part of D in the incident. A, B, C and D are charged for offence under section 302 r/w Section 34 of the IPC. Write judgment giving possible arguments for the prosecution and the defence. [DJS 2005]

Q. 92. One A a widower living alone had employed a full time male domestic servant B and he had been staying in A's house for quite sometime. A used to go everyday in the morning to a temple for about two hours and his servant used to be there in his house. A started suspecting that his servant was misappropriating household things in his absence and so one day he terminated his job and B left the house conveying his unhappiness to A. Next day as usual A went to the temple and when after two hours he came back he found the lock of the entrance door of his house broken and when he entered inside he found that his imported TV and some cash was missing. He immediately went to his next-door neighbour C and informed him about the theft. His neighbour C told him that sometime back he had seen his servant B and one more person taking away TV on a three-wheeler scooter. Immediately thereafter both A and C go to the nearest police station and an FIR is lodged against B. Statement of C is also recorded wherein C claimed that he had seen B and one more person whom he would be able to identify 1 on seeing him again taking away the TV. Next day of the incident B is arrested and he makes a disclosure statement and gets one TV and some currency notes recovered. At his instance his associate D is also arrested but nothing is recovered from him.) During the trial of B and D, A deposes that he had been told by C on the day of incident that he had seen his servant B and one more person taking away one TV. He also identifies the recovered currency notes. C in his chief-examination supports A's version and he also identifies both the accused correctly to be the culprits. His cross-examination is deferred for the next day when he turns hostile and states that he had not seen B and D taking away the TV nor had he told so to A C maintains that statement even when he is cross-examined by the public prosecutor. Investigating officer, in his evidence, deposes about making of disclosure statement by B while in police custody and his getting recovered one TV and some currency notes and arrest ofD.

Defence counsel argues that evidence of A that C had told him that he had seen his servant B and one more person taking away the TV had become hearsay evidence because 'C himself had turned hostile and had denied having said so to A and so entire evidence of C gets washed off the record and that evidence of alleged recovery of TV and currency notes at the instance of B and identification of D by B in court is of no value as there was no prior Test Identification Parade (TIP) got conducted by the police and so both the accused should be acquitted.

Write a judgment dealing with each of these contentions of the defence counsel.

[DJS 2006]

Q. 93. Write Short notes on Difference between the judgment per incuriam and judgment sub-silentio. [DJS 2006]

Q. 94. Rajiv and Rajesh, two brothers lived with their families in a jointly owned house. The families used to quarrel, so they decided to partition the house and joint assets. On 3rd September, 2007 both decided to meet for partition. Both called their brother-in-laws at the time of negotiations. Dispute arose between them over partition of house and assets. Heated arguments ensued. Rajiv go: very angry and went inside the house and brought a Gandasa. He attacked Rajesh and his brother-in-law. Rajesh and his brother-in-law tried to save themselves and received injuries in the scuffle. Rajesh snatched Gandasa from Rajiv and gave a Gandasa blow to him which struck abdomen of Rajiv. Resulting into his death.

In the light of above facts,

What charge can be framed against Rajesh.

Write a judgment [DJS 2007]

Q. 95. H, husband, is facing trial for the offence under Section 304B and 201 IPC for having committed the murder of his wife, W by burning her. There are no eye witnesses to the incident. However, the prosecution has established and relies upon the following circumstances in order to prove the charges against H.

(a) H was married on 20th February, 2006. H would frequently complain that parents of W did not give sufficient dowry on marriage.

(b) H had on number of family functions praised R cousin of W, as more beautiful because of which there were strained relations between H and W.

(c) W had a feeling that there were illicit relations between H and R.

(d) On the date of incident she raised shrieks which attracted the attention of her sister- in-law living on the ground floor in the same property ad she found W extensively in burnt condition which doctors opined to be case of 98% bums.

(e) There was no kerosene stove in the kitchen, a can of kerosene with its lid open was recovered from the room.

(f) H received 6% burn injuries on his hands, while saving W which doctor opined as superficial bums.

(g) H took two hours to take W to the nearby government hospital. W died on the next day after expiry of 24 hours but before her death she made a statement: to the IO that action be taken against H and R.

Write a Judgment deciding the case. [DJS 2008]

Q. 96. A student of 1st year of Graduation alongwith three friends B, C and D were coming back to the home, in the early hours of 1st January, 2005 after attending a New Year Party. All of them were in an inebriated condition. A was on the wheels, B was on side seat while C and D were sitting at the back seat. Loud music was on in the car. Suddenly they found a police party having parked their Gypsy jeep in the middle of the road and a policeman waving them to stop the vehicle and they instead of stopping the vehicle accelerated, the car to a high speed of 100 KM, as a consequence of which two of the policemen'were knocked down and killed. One policeman was dragged for almost ten meters before B, C and D got down and removed his body away from the

1 car. The car sped away. The blood-stains on the car were washed by all the four and,

i thereafter, the car was also got dented and painted. All the boys were arrested and sent

for trial for an offence under Section 299, 201/34 IPC. The Defence took the plea that it is a case of 304A IPC at best against A and 201 IPC against B to D. Write a judgment deciding criminal liability of all of them. [DJS 2008]

Q. 97. R was living with her 5 children and 70 years old father-in-law at House No. 10, Vikas Puri, Delhi. Her husband was living separately. S, a friend of her husband, had an evil on her.

On 19.12.2009 at around 3 a.m. in the morning, some person knocked her door. When she went to open it, no one was found. She returned back to her room and thereafter went to the toilet. Toilet was open to the sky. On entering the toilet she saw S hiding there. He immediately poured kerosene on her and lit her with a match. R ran out, shouting for help. Her elder son D, aged 6 years, woke up and tried to save her. S fled away. R was admitted in the hospital in a semi-naked condition. At 4.45 a.m. R was declared fit for statement. Her statement was recorded by the Investigating Officer. She named S as the culprit.

FIR was registered under section 307 I.P.C. SDM was informed. SDM recorded a second statement of R at 5.30 a.m. after obtaining a fitness certificate. M.L.C. of the victim had recorded 100% bums.

Statement of D was recorded under section 164 Cr.P.C.

R died on 24.12.2009. FIR was converted to an offence under section 302 I.P.C. S was arrested. From his personal search a bus ticket dated 19.12.2009 was recovered.

Case of the prosecution: The two dying declarations are consistent and a valuable piece of evidence. D was an eye witness. Bus ticket recovered from the personal search of S

1 evidenced his presence in Delhi on 19.12.2009.

Defence of accused: The dying declarations are suspect; 1st was in the narrative form. Victim had 100% burns. 2nd dying declaration had the stamp of the SDM engrossed beneath the writing showing that the page was already stamped which was at some later point filled in. Child witness cannot be relied upon; why grandfather was not produced as a witness; R had intimate relations with S; to save her honour she had falsely implicated S. Accused entitled to benefit of doubt.

Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law. [DjS 2010]

Q. 98. Trial court had convicted S under section 302 I.P.C. for having committed murder of N. , ' Two pieces of evidence were relied upon:

 (i) Extra judicial confession made by S to MN.

(ii) Recovery of a blood-stained pana from bus No. DL IP A 1294 and a blood-stained ' pant of S.

1 Facts: On 16.1.2009 at 7.25 a.m. dead body of N was recovered from a park near Kamal Cinema. Trail of blood from the dead body led to bus No. DL IP A 1294 parked near the park. Driver of the bus R and bus helper MN were examined.

. MN stated that S, who had boarded the bus along with his friend N, had made an extra ! ’ judicial confession to him inculpating himself. Bus had developed a snag; N, S and MN

had dinner together in the bus; in the morning dead body of N was found in the bus parked behind bus No. DL IP A 1294; S was sleeping in bus No. DL IP A 1294 when MN woke him; S confessed to the crime.

Disclosure statement of S was recorded; he got recovered a blood-stained pana from bus No. DL IP A 1294 and his blood-stained pant. Conviction under section 302 I.P.C. followed.

Case of the Prosecution: Extra-judicial confession coupled with the recovery of the weapon, i.e., the blood-stained pana, and the pant was sufficient to sustain the conviction. Defence of the accused: Circumstances are not proved. Extra-judicial confession is a weak evidence; recovery of the blood-stained pana and the pant are demolished as the recovery was not witnessed by public witnesses; there is no medical or scientific evidence.

Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law. [DJS 2010]

Q. 99. On 23.1.2009 at 8.05 p.m. DD No. 15 was recorded at PS Ambedkar Nagar that R was reported missing; she had not returned from school. On 24.1.2009 a written complaint was given by her father that R had been kidnapped. On 25.1.2009, R was produced in the police station by her father. Her MLC recorded a torn hymen; no injury was visible; age was recorded as 15 years.

Statement of R was recorded under section 164 Cr.P.C. Accused was arrested on her statement. He was charge-sheeted and convicted under sections 363 and 376 I.P.C.

Case of prosecution: Version of R by itself is sufficient to convict the accused. This version is corroborated by the medical evidence.

Defence of the accused: The three statements of R under section 161, 164 Cr.P.C. and on oath in court are contrary and conflicting. R was admittedly known to the accused; it is a case of consent.

Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law.

Q. 100. Sentencing parameters in non-bailable offences. [DJS 2010]

Q. 101. J an Indian doctor was having a live in relationship with R a U.S. citizen of Indian origin. Since J was reluctant to marry R, the relationship between the two strained. J and R to patch up the differences went for a holiday to Australia and reached there on 25th January 2010 at the Marina Hotel, Sydney at 9 a.m. Soon thereafter both went out for sightseeing and came back to the hotel at 10 p.m. They had dinner together in the room. On the next day morning at 7 a.m. when J got up, R was not in the room. He made enquiries from the hotel staff and nearby. Since he could not trace out R he checked out of the hotel at 11 a.m. He went to Boston and informed the parents of R about her missing from the hotel room. Without lodging any report either in Sydney or Boston, he comes back to India. R's parents go to Sydney and lodge a report with the police. Investigation is thus taken up after a week of R missing. From the bathroom attached to the room of Marina Hotel where / and R stayed, reddish blood stains of blood group A are recovered. Further finely chopped parts of a woman aged 20-30 years suggesting an Anglo Indian Origin are recovered from a rubbish bin in the city of Sydney within 200 metres of Marina Hotel. Parents of R come tracing J to India where he is found hiding at a farm house in Delhi. On an FIR being lodged for offence under Section 302 IPC, J is tried for the same.

Case of prosecution:

(a) R was last seen alive in the company of J;

(b) J floated the false defense that R left him in the morning of 26th January 2010;

(c) J did not lodge any complaint to Sydney police;

(d) Body parts were recovered from a rubbish bin only 200 metres away from Hotel Marina;

(e) The body parts were identified to be that of R;

(f) The blood group of blood stains found in the bathroom matched the blood group of R and

(g) J remained absconding for a period of two years.

Case of defense:

(a) No motive of alleged crime has been proved;

(b) Mutilation of the body was possible only by surgical instruments and not by a butter knife or a fork. There is no evidence that j had access to any surgical instrument;

(c) The hypothesis of J committing murder in the bathroom is ruled out as no employee or guest of the hotel has seen J taking parts of the body out of the hotel;

(d) Hypothesis of guilt is further ruled out as J himself informed the parents of R about her missing and

(e) J had not absconded and had merely come back to his house in India as he could not live without R at Boston.

Write a judgment concerning the guilt or otherwise of the accused, discussing the rival contentions in relation to the circumstances. that have emerged, citing the statutory provisions and case law. [DJS 2011]

Q. 102. Accused A doing M.A. Ancient History in the year 2008 was staying at University Hostel.

On 31.12.2008 R the Hostel Warden was returning from lunch at about 01:00 p.m. A reported to him that M and N two other inmates of the hostel abused him by using the word "Goonda". On R making an enquiry both M and N replied in the negative, despite A repeatedly asserting that they insulted him. A also informed R that on the previous night also there was heated discussion between A on the one side and M and N on the other side. P the cook after finishing the work in the mess was relaxing on the cot. At this point of time he saw A coming towards the door. A was wearing a half T-shirt and lungi. The cot of M was near the door. A took out a knife which was hidden in the lungi and stabbed M on the right side of the chest. On witnessing the incident P was shocked , and shouted at A as to why he was doing it. On hearing the shouts of P people came in and apprehended A on the spot. A4 was taken to the hospital where he succumbed to the injury. As per D the doctor who conducted the post-mortem there was no other external injury except the stab injury caused by the knife. The injury was opined to be sufficient in the ordinary course of nature to cause death. After investigation a charge sheet is filed against A for offence punishable under Section 302 IPG in view of the 1 ocular evidence of P. A took the defence of sudden and grave provocation.

, Write a judgment acquitting/convicting A for the offence punishable under Section 302 IPC taking into consideration all legal and factual issues with discussion thereon citing I statutory provisions and case law. [DJS 2011] Q. 103. 9 persons put a house on fire at 9:00 p.m. on 3rd July 2009 shouting slogans against the owner of the house for ravishing a woman on the previous night. X a 20 year old person suffering from 40% physical disability, whose sister was ravished the night before, was standing with those nine persons. On a neighbor informing the police, the PCR van reaches the spot, while the other nine persons were burning the house. X saw the PCR van coming from a distance and thus warned them. The nine persons putting the house on fire ran away. When the PCR van reached the spot X was found.

Pass an order on charge relying on the relevant judgments and frame charge if any made out against X. [DJS 2011]

Q. 104. A faced trial on the charges of committing the offences of culpable homicide not amounting to murder of seven persons and grievous hurt to eight persons who were sleeping on the pavement by the public road while recklessly driving his SUV on the public road endangering human life.

The prosecution relies on the following facts:

(a) In May 2012, a long stretch of Ring Road near Hanuman Mandir close to ISBT Kashmere Gate in Delhi was under repair. The labourers engaged by the contractor had put up sheds on the pavement along the road for temporary residence.

(b) A lived in the area of Kashmere Gate and would travel to his workplace passing that area driving his own car on daily basis,

(c) On 12.05.2012, between 3.45 a.m. - 4.00 a.m., A was driving the car which ran into the pavement injuring fifteen persons sleeping inside the sheds and out of whom seven died on the spot.

(d) The injuries of one of the surviving victims included 5 cm x 5 cm deep and bleeding laceration over right front temporo-parietal region though with no bony injury, the other seven having escaped with bruises over limbs.

(e) A was found to have consumed alcohol, having 90 mg liquor (ethyl alcohol) per 100 ml.in his blood. A liquor bottle was recovered from the car.

(f) The evidence of the mechanical expert showed that there was no mechanical defect in the car.

In the trial, A pleaded not guilty, though admitting in his statement that he was driving the car and also that the accident had occurred resulting in injuries. He claimed that the accident had occurred on account of failure of engine and mechanical defect of the car. The prosecution seeks finding of guilty.

The defence pleas are:

(a) The Charge was defective since the offences of culpable homicide and causing hurt by rash or negligent act were irreconcilable any mutually destructive;

(b) There was no mention in the charge of A being "in drunken condition at the relevant time and so the evidence to such effect could not be relied upon;

(c) The chemical analyser's report on blood sample was not put to A at the time of his statement and so such evidence could not be looked into;

(d) The injuries of all the eight survivors were simple in nature.

Decide after considering rival contentions of the parties, relevant legal provisions and decided cases. [DJS 2014]

Q. 105. At an upmarket cinema hall, a full house was enjoying the screening of a new film. Unknown to them, a transformer belonging to the electricity company caught fire. The oil leaked and the fire spread and two cars parked immediately adjoining the transformer caught fire and then other cars parked nearby also were engulfed in flames. Soon, fire and noxious fumes from the burning oil, petrol, diesel, upholstery and other materials stored in the parking lot, spread in the area. As the ground floor parking was enclosed by walls, due to the chimney effect, the fumes moved upward and through the air conditioning ducts, entered the theatre hall. The noxious fumes and smoke stagnated at the upper portion of the balcony. Due to the fire there was electricity failure in the hall. People started groping their way to the exit as the only available exit was at the back of the hall. The exit to the foyer was closed and no one could use the staircase. 59 people died due to asphyxiation in the balcony and passageway by inhaling the noxious fumes and smoke. 103 persons were also injured trying to get out.

An FIR was lodged at the local police station and the investigations handed over to the CBI. During investigations the following facts were revealed:

(i) There were violations of the building bye laws and the Cinematograph Act 1952 and Rules by changes in the seating arrangements, by closing one exit and narrowing the gangway to add 50 more seats and an owners' box, leaving only one exit at the back of the hall, at the far end of the balcony;

(ii) The owners had allowed illegal parking in front of the transformer room against the requirement of keeping clear access to the transformer room and thus allowing 35 cars to be parked in an area where only 15 cars were permitted in order to leave adequate space for manoeuvering;

(iii) The owners had been allowed a parapet wall of three feet height around the parking area but they raised 12 feet high walls, thus converting the parking into an enclosed area, which prevented the disbursal of the noxious fumes in the air over the ground floor and instead moved upwards into the hall;

(iv) The MCD gave NOC for grant of licence to the cinema hall despite these violations of the building bye laws;

(v) Fire clearance was given despite an initial report recording that there were inadequate fire safety measures, including only one exit and reduced gangway passage;

(vi) Tire electricity company had attended a fault, only a few hours before the unfortunate incident, when three cables of the same transformer had got burnt and the repairs were conducted by accused I, J & K by replacing three sockets using the dye and hammer instead of the crimping machine and the loose connections resulted in sparking and the fire;

(vii) The transformer was itself built in violation of safety norms inasmuch as there was neither a platform built for it nor was a soak pit provided to prevent any leak of hot oil to the neighbouring areas;

(viii) The main foyer door was locked from the outside by the gatekeeper;

(ix) Due to the absence of the soak pit, the unauthorised parking, the closing of the main foyer door from outside by the gatekeeper, the closing of exit doors to create additional seating and owner's box, narrowing of gangway to place more seats and leaving only a single exit at the back of the hall, when the noxious fumes moved upwards into the hall, people were unable to move smoothly out of the hall to save their lives;

(x) Each violation of the law contributed to the loss of lives and to the injuries sustained by the theatre goers.

A charge sheet was filed against 16 persons under various sections including under Section 304, Part II, IPC before the Ilaqa Magistrate. The Magistrate summoned the accused and committed the case to the Sessions Court for trial. These 16 accused are:

(a) A & B are the owners of the cinema hall;

(b) C & D are the Director of the cinema hall;

(c) E, F & G are the Managers of the cinema hall;

(d) H is the gate-keeper of the cinema hall;

(e) I, J & K are responsible officers of the electricity company;

(f) L & M are officers of the Delhi Fire Service;

(g) N, O & P are officers of the Municipal Corporation of Delhi.

Draw up a reasoned order on the charges to be framed against the accused.

[DJS 2015]

Q. 106. On the basis of facts and evidence mentioned here under, write a well reasoned judgment-X lodged first information report in police station, Shahjehanabad, Bhopal at 1 p.m. on 25th January, 1996 stating that on that day a about 10 a.m. while he was coming to his house from civil court a place about 1 km away from police station, two persons named Y & Z waylaid him and gave him severe beating by lathis, as a result of which he became unconscious and fell down. A, a known passerby took him to his house. On regaining consciousness he has come to report.

Prosecution in. support of its case examined the following witnesses X-He corroborated F.I.R. Ex. P. 1 and supported the story. (RW. 1)

A—Stated he saw X lying injured and unconscious on road-side at about 10.30 A.M. and took him to his house. (P.W. 2)

B—Doctor, who stated at about 1.15 p.m. on that day on being brought by police he examined X and found five lacerated wounds-two on chest, two on both hands and one on right knee, under chest injury rib fractured as per X-ray report Ex. P.2. In cross- examination he admitted that such injuries are possible in motor accident. (P.W.3)

C—Investigation Officer, who proved spot map Ex. P.3.

In cross-examination he admitted that alleged place of occurrence is a marked place where all types of motor vehicles pass through. However he denied defence suggestion of there being marks of Road accident on he spot. (P.W. 4)

Defence: Y & Z pleaded not guilty to the charge. Their defence is:

(i) X, being on inimical terms has falsely implicated them,

(ii) X has suffered these injuries in scooter accident,

(iii) That at the relevant time both of them were in Area Colony, a place about 10 kms away from place of incident,

(iv) M, Defence witness E.W.I supporting defence version stated on oath that on relevant date both of them were seen at about 11 a.m. in Area Colony.

(V) Delayed police report is not reliable. [MPJS 1996]

Q. 107. Frame charge on the basis of facts mentioned hereunder and write a well reasoned

judgment on the basis of facts, evidence and arguments mentioned hear under:

(1) A lives in one of the residential house of H.E.I. Colony Bhopal. On 1-5-1998 after taking his meals at 10.00 p.m. in night A after licking his house left for attending one marriage in the neighbouring colony. After marriage ceremony was over A returned back to his house at 3.00 a.m. When he comes to his house he saw that someone had broken the lock of his house and from inside the house his hew Hero Bicycle frame No. H-5394 is taken away. A rushed to Police Station and lodged F.I.R. Sub Inspector B investigated the^offence.

(2) During investigation S.I. B come to know from C that on the date of incident in mid¬night D was seen nearby the house of A. D was taken into custody and in the custody of Sub-Inspector bicycle No.-H-5394 has been kept by him inside his room. S.I. B prepared the memorandum, got it signed by accessed D and witnesses E and F. Hero Bicycle No. H-5394 has been recovered from inside the room of D in consequence of information received from D, in presence of accused D and witnesses E and F by S.I. B. Seizure memo was prepared and bicycle was sent to Executive Magistrate for getting it identified. Identification parade was held and A identified the bicycle recovered to be his own. After investigation is closed Police filed Police report in Court and the Court after framing charges against accused D; tried the offences.

Defence: Accused has taken the defence that he has anemical terms with complaint A, the fore complainant has falsely implicated him.

Evidence: For Prosecution:

Witnesses examined and their evidence:

(1) A the complainant deposed the fact of house breaking and theft of his Hero Bicycle No.. H-5394, lodging the I.R. also identified the Hero Bicycle No. H-5394 in Court and deposed the fact of identification parade and its memo. Cross-examination—NIL.

(2) E and F were produced to prove memo and seizure but they did not support the prosecution and as such were declared hostile and were cross-examined by the prosecution. They admits their signature in memo and seizure, they also admitted that because of threat given by accused, they are not supporting he prosecution.

(3) Witness C deposed that he saw the accused in mid-night on the relevant day near the house of A Cross-examination—NIL.

(4) Sub-Inspector B deposed the fact regarding the memo, seizure of Bicycle and investigation. In cross-examination denied the suggestion of false implication by complainant.

(5) Executive Magistrate G deposed the fact of identification parade and identification memo of recovered Bicycle. Cross-examination—NIL.

Evidence for Accused—NIL.

Arguments:

Prosecutor: Argued that from the evidence, charges against accused are proved.

Defence: Argued that witness E and F were independent witnesses but they did not support the prosecution inspite that if accused in held guilty, he being a student aged 19 years should be allowed benefit under probation law because this is his first offence

and his conduct except this case was always remained good.

Law Referred:

(1) Indian Penal Code.

(2) Criminal Procedure Code.

(3) Indian Evidence Act.

(4) Probation of Offenders Act. [MPJS 1998]

Q. 108. On the basis of the facts and evidence mentioned hereunder; write a well reasoned order, in which it must be mentioned, whether a legal presumption under Section 113B of Evidence Act, 1872 could be drawn against the accused.

The prosecution story, in brief is that the deceased A and the accused B used to maltreat his wife A for not meeting his demand of a scooter and Rs. 10,000/- which was promised to be given at the time of marriage.

The decease A committed suicide on 25.3.1999 and she dieci on account of server bum injuries. C who is father of the deceased A, lodged First. Ihforinatidn Report (Ex. Pl) on 27.3.1999 in Police Station Sanchi. The Court framed charges for offence against the accused B Prosecution in support bf its case examihe the following witnesses: C (PW 1) he corroborated the prosecution story and stated that his daughter A had informed him that the accuse B used to beat her and did not provide her with sufficient food and asked her to bring a scooter and Rs. 10,000 from her parents. This witness further stated that when the deceased A committed suicide, the accused B was out of his house and the immediate cause for suicide was quarrel with the mother-in-law of the deceased, who is not an accused in this case. D (PW 2). She is mother of the deceased A and she also corroborates the statement of C. /

E (PW 3) Doctor, who held autopsy and found 80% antimortem bum injuries and according to his evidence and postmortem report (Ex P2), the death was due to asphyxia and shock due to bum injuries. F (PW 4) Investigating Report (Ex Pl). He also seized a letter (EX P3) dated 15.2.1997, written by the deceased A, from the possession of C and it was stated in this letter that her husband used to maltreat her for not meeting his demand of dowry.

The Defence of accused B

(i) He has not committed any offence.

(ii) He was out of is house, when his wife A committed suicide.

(iii) The prosecution failed to produce independent witnesses.

(iv) Undue delay in lodging the First Information Report. [MPJS 2001]

Q. 109. Criminal Case

Frame charge on the basis of following facts & write a model order/judgment upon legal foundation on the basis of the evidence, arguments of both parties.

Krishna Kumar is facing a trial under Section 489(c) of the Indian Penal Code. Police Station in charge of Ganj Police Station received an information from informer, that Krishna Kumar has in his possession counter feet currency notes knowing & intend to use the same as Genuine, Upon this information the. Inspector with Police force went to his house after completing some formalities but House search warrant could not be obtained due to lack of time because to get the search warrant from the competent authority it was too late & meanwhile Krishna Kumar may left his house for using those notes as genuine out side the city. 

| After arrival the Inspector informed Krishna Kumar that his house has to be searched I because he has such information regarding commitment of cognizable offence Krishna Kumar's house was searched as per law. Upon search policy party found a bundle of packet containing so many hundred rupees notes were kept in a box used for keeping his cloths. On counting it was three lacs rupees notes. On preliminary inquiry those notes appeared to be counter feited, not having water marks, prescribed silver line, the paper used was of inferior quality in comparison to genuine one. Embossed letters were ! missing, the colours were faded.

The notes were lawfully seized before local witnesses, who were present during seizure. Krishna Kumar was did not in a position to give any explanation regarding possession of those notes.

He was arrested and arrest memorandum are prepared. The case any handed over to city police supdt. Who started further investigation. On request of the 1.0. the local state Bank manager inspected the notes. He found them as counter feit he gave the reason for his report. Krishna Kumar was then produced before the Local judicial Magistrate who conducted the lawful proceeding & seed him on remand. During the investigation the seized note were sent to bank note press at Dewas (M.P.) for examination. The expert found all notes as counter feit on examination, expert sent his report. Charge sheet was file-up on completion of investigation case received on transfer by the 1st additional session judge Raipur after committed proceedings. The A.S.J. framed the charge as per law against the accused after hearing both side on charge. Accused plea was recorded and ; then called the prosecution witness All prosecution witnesses supported the prosecution . in to. The defence of the accused were that he was not intending to use those notes as | genuine. The notes seized are not properly sealed. A man at the city gave him those notes. So he does not know their genuineness. He was falsely implicated by that man | he is not guilty. The accused has not adduced any witnesses in his defence the court ! head both the parties at large. It was the argument of prosecution side that the notes were seized from the possession of the accused before seizure witnesses. The report are there of the experts that note are not genuine. Prosecution side prayed for rigorous imprisonment Defence side argued that the accused does not know anything about the notes he is falsely implicated. He prays for acquittal.

Referred law in Civil Case

(1) Hindu Marriage Act, 1955

, (2) Indian Evidence Act

Referred law in Criminal Case

(1) Indian Penal Code

(2) Criminal Procedure Code

i (3) Indian Evidence Act [CJS 2004]

Q. 110. Write judgment on the basis of the allegations and evidence given hereunder after analysing the evidence:

Prosecution Story:

| A on dated 12.5.2003 around 9:00 to 10:00 p.m. in the night was returning back to ’ his house after shutting down his shop situated at Bada Bazar, Rampur. On his way. near purana talab, accused B and another person (unknown) accompanying him, who were armed with knives, stopped A and asked him to handover his wrist watch wroth Rs. 400/-, golden ring worth Rs. 800/- and purse having Rs. 1,500/- by putting him to fear of death at the point of knife. A out of fear handed over the three items to B and the person accompanying him. A reported about the incident that very night around 11:00 to C, officer-in-charge police station. Rampur, who recorded report P-1 on that basis. On dated 15.5.2003, C after taking B into custody on the basis of suspicion, interrogated him, C on the basis of information given by B recovered a wrist watch (Article Q-l) kept in a box lying in the house of B situated at Rampur, and a ring (Article Q-2) from goldsmith D. A, in the identification conducted by K identified wrist watch and the ring as his property. B was prosecuted for an offence under Section on 392 IPC.

Prosecution evidence:

(i) A (PW 1) supporting the prosecution story has stated that in the identification proceedings carried out in the Teshsil, he identified his wrist watch and ring. He has denied that the wrist watch and the ring were shown to him before hand at the police station.

(ii) C (PW 2) office-in-charge police station Rampur, supporting the prosecution case, has stated that on the basis of information given by B a wrist watch (Article QI) was recovered from a box lying in the house of B, and a ring (Article Q2) was recovered from goldsmith D.

(iii) Goldsmith D (PW 3) has stated that on dated 13.5.2003 B sold to him ring (Article

i Q2) claiming in register P-2.

(iv) K Naib Tehsildar (PW 4) has stated that on dated 15.5.2003 in Tehsil campus he conducted identification proceedings in respect of wrist watch (Article QI) and ring (Article Q2) in which A correctly identified both the items.

Defence of the Accused

(i) He has not committed any robbery.

(ii) Wrist watch and ring were shown to A in the police station before hand and that identification proceedings are nothing but a farce.

(iii) He had sold any ring to D.

(iv) Police has not conducted any identification parade to get him identified by A or

D [MPJS 2006]

Q. 111. Frame charge and write a judgment on the basis of facts and analysing evidence mentioned hereunder:

(1) On 20.3.98, A was going to drop his 12 years old sister B to her school on scooter. On the way scooter's tyre went in a small pit on mud, and some mud failed on the clothes of a passerby C. A stopped the scooter an begged pardon from C, but C uttered filthy abuses relating A's sister and mother. Suddenly provoked by filthy words A snatched a wooden stick (Bent) from another passerby D, and struck C on left hand, causing fracture of humerus bone. C lodged a first information report in police station. Sub-inspector of police sent C for medical examination, and during the course of investigation he drew a spot map, seized the wooden stick (Bent) from D, arrested A, and wrote down the statements of witnesses. After completion of  

investigation police filed challan under Section 335 of IPC, before judicial magistrate. 1st class Court after framing the charges against accused A tried the offence.

(2) Defence

Accused has taken he defence that he begged pardon, but when C abused, him before his sister he suddenly and gravely provoked.

Evidence For Prosecution

Witnesses examined and their evidence:

(1) C stated on oath that A had struck him by a wooden stick (Bent). In cross- examination he accepted that he uttered abuses to A.

(2) Doctor E said that he examined C on 20.3.1998 and found a contusion with swelling on the upper portion of left hand of C, he did X-Ray on the same day and examined the X-Ray plate and found a fracture of humerus bone of left hand of C. He examined, medical report, X-Ray report, X-Ray plate and said that these bear his signatures. These facts were not challenged in his cross-examination.

(3) Witness D deposted that A snatched the stick (Bent) from him, and struck C on the left hand. He admitted in cross-examination that he felt very bad by the abuses of C.

(4) B, the sister also admitted that her brother struck C with stick, but she also said that her brother was right, because C was uttering filthy abuses.

(5) Accused A in statement of Accused, said that in spite of begging pardon C abused

in front of his younger sister and on this sudden provocation he struck a single blow of wooden stick on C. [MPJS 2007]

Q. 112. Veena was found dead near Delhi Railway Station on Sth January, 1975 at 6 A.M.

Autopsy revealed that death was by strangulation. Acting on secret information police apprehended A, B and C, residents of Colaba, Bombay on 7th March, 1975. During house search Rs. 2100/- were recovered from A, Rs. 1900/- from B, and Rs. 1000/- and gold necklace from C. A described that he alongwith B and C had left Bombay on 2nd January, 1975, by Frontier Mail and stayed at Hotel Blue, Delhi on 3rd, 4th and Sth and that entry was made in fictitious names and signed by all the three. Hotel register containing signed entry was seized by police. B became approver and his statement was recorded under section 164 Cr.P.C. Besides medical evidence there is evidence of Veena's daughter who identifies the gold necklace to be the same her mother was wearing and says that her mother was carrying Rs. 6,000/- and evidence of handwriting expert that hotel entry is in the hand of A and bears signatures of A, B and C.

Objections raised by defence are: (1) approver's evidence is tainted, (2) house searches are illegal as public witnesses did not belong to Colaba and (3) disclosure statement is inadmissible.

Please write short judgment. [DJS 1976]

Q. 113. Some vacant land was lying to the West of field of A which B had taken possession.

Previous to the day of occurrence B encroached upon a portion of the adjoining field of A and constructed a meand which was resented by A. On the day of occurrence A alongwith his son started demolishing the mend when B alongwith four companions arrived armed with lathis and started beating up A and his son. Some persons were attracted and they joined the side of A. Both sides sustained injuries. B and his companions were challenged under sections 147, 323 and 149 of Indian Penal Code. They pleaded right of defence of

property. On behalf of the complainant it was pleaded that the property damaged did not belong to B and no wrongful loss had accrued. |

Argue on both sides and also tell whether it would make any difference in case it is found that the property was under dispute and title of either was not clearly established.

' [DJS 1976]

Q. 114. "Criminal liability is the strongest formal condemnation that society can inflict." Comment. [Punj JS 2015]

Q. 115. G, a Hindu girl of 13 years, eloped with her neighbour N, also a Hindu. On a complaint from her father, a FIR is registered under section 366 of IPC. After about 7 months of the incident, the police is able to trace G and N. N is arrested and subsequently released on bail. G refuses to go with her parents. She claims to have married IN and being pregnant. She is sent to a childcare center till she attains majority or till [further orders of the court. N also accepts the marriage and that G was pregnant. The father of G makes an application to the court for being giving the custody of G. N also makes an application for being given the custody of G, his wife, notwithstanding his status as an accused in the cases registered by the father of G. G also makes an application for being set at liberty and being allowed to go with her husband. Write a composite order deciding all the three applications. [DJS 2006]

Q. 116. Differentiate between the following:

(i) transportation clause and interpretation clause

(ii) enquiry and investigation

(iii) inherent powers and residuary powers

•' (iv) injured witness and interested witness [Punj JS 2019]

Q. 117. Two different police challans are presented in the court of a Magistrate 1st Class, one is under section 326 IPC and the other under section 304 IPC. Describe briefly, how. the court should proceed in disposing of these cases. [DJS 1971]'

Q. 118. Highlight the statutory provisions contained in the Code of Criminal Procedure which give effect to principle of fair trial. In particular, elaborate on the following principles as reflected in the Code of Criminal Procedure:—

(i) Separation of judiciary from executive

(ii) Public and open hearings

(iii) Nemo debet esse judex in propria causa

(iv) Right of victim to seek legal assistance ,.

(v) Right of accused to have the evidence to be taken in his presence. [Punj JS 2013]

Q. 119. You are a magistrate and informed by the police that the students of a medical college who are on strike are collecting at a square from where they would go to the office of the Principal, beat him with lathis and bum the office furniture. You are requested to take immediate action in the matter to maintain law and order. Please indicate what steps you would be taking under the Criminal Procedure Code and draft a suitable order or orders. [RJS 1974]

Q. 120. Discuss whether a criminal court can compel an accused to admit and deny documents even when the accused prefers to maintain silence and states that he would neither admit nor deny the documents. [DJS 2018]

Frame Charge and write a judgment. [RJS 2022] 

INDIAN EVIDENCE ACT

Preliminary (Ss. 1-4)

Q. 1. Write Short-notes on: Define "proved", "disproved" and "not proved". [MPCJ 2021]

Q. 2. "'Relevancy' and 'Admissibility' are not co-extensive terms". Explain. [RJS 2022] Q. 3. "A great care must be taken in evaluating circumstantial evidence and if the evidence relied on is reasonably capable of two inferences; the one in favour of the accused must be accepted."

In the light of this statement, discuss the rules relating to 'circumstantial evidence' as evolved by Supreme Court of India. Substantiate your answer with the help of decided eases. [HPJS 2019]

Q. 4. Write notes on Fact in issue. [gjg 2018]

Q. 5. What do you understand by the word 'Court' used in the Indian Evidence Act, 1872?

Discuss with the help of decided cases. [UPJS 2018]

Q. 6. Distinguish between 'may presume' and 'shall presume' with emphasis on the provisions of the Indian Evidence Act, 1872. [Guj jg 2017]

Q. 7. Explain direct and circumstantial evidence. What are the tests required when a case rests entirely on circumstantial evidence? [HPJS 2016]

Q. 8. "Rules relating to presumption form a very important part of law of evidence". Discuss briefly with reference to the provisions of Indian Evidence Act, 1872. [Punj JS 1995(H)]

Q. 9. Explain and illustrate 'Fact in issue' and 'Relevant Fact'. [Punj JS 2003]

Q. 10. State if tape recorded conversation is admissible under the Indian Evidence Act. Is there any limitation to its admissibility. [Punj JS 2010]

Q. 11. What are the different kinds of presumptions? Give examples of each kind. [BJS 1977] Q. .12. Write short notes on May Presume and Shall Presume. [BJS 1978]

Write brief explanatory notes on conclusive proof. [RJS 1984, 1994, 2014

[BJS 2011]

court ignore a fact declared so under the Evidence

[JJS 2001]

I (ii)’ Shall presume

| (iii) ‘ Conclusive proof [BJS 2014, HJS 1999, JJS 2001]

Q. 19. Distinguish between rebuttable and irrebutable presumptions? Illustrate.

! [HJS 1999, UPJS 1986, 2003] 

Q. 20. Distinguish between the following:

Fact in issue and relevant-fact. WJS 1999]

Q. 21. Distinguish between the following: *

Disproved and not proved. IHJS 2015l

Q. 22. Explain and illustrate 'Fact in issue' and 'Relevant Fact.' (HJS 2001, 2006, 2015, BJS 1977, DJS 1973]

Q. 23. Define (a) Facts in Issue (b) Proved. lRJs 19691

Q. 24. What are presumptions? How do they arise and which of them can be rebutted?

Illustrate vour answer with examples. How do presumptions differ from the rule of estoppel? WS 19751

Q. 25. Defence the following: [MPJS 2003]

Evidence

O 26. Define fact, relevant fact and fact in issue. Point out the difference between the last two? *MPJS 20101

Q. 27. What is a fact in issue? Illustrate your answer. [RJS 1984, UPJS 1984, 2000, 2012, MPJS 2003] O. 28. What do you understand by conclusive and rebuttable presumption? Explain.

[UPJS 1999]

Q 29. What facts are considered relevant under the Indian Evidence Act? Illustrate your answer. [HJS 1996]

O. 30. Write short note circumstantial evidence in criminal trial, its meaning, necessity and scope. ■ ‘ [DJS 1980]

Q. 31. With the help of at least two illustrations of each, explain the distinction between Rebuttable and Irrebuttable presumptions. lRJs 1970]

Q. 32. What do you mean by presumption? Discuss the kinds of presumption. [UPJS. 2012] Q. 33. Difference between "Fact in issue" and "Relevant fact". [Guj JS 2020]

O. 34. Write brief illustrative notes on Presumption of law and Presumption of fact.

[DJS 1973]

Q. 35. Write a short note on Presumption of fact and presumption of law. [DJS 2008]

Q. 36. What is conclusive proof? State its evidentiary value. Differentiate it from other kind of presumptions. [TNJSE 2020]

Q. 37. Distinguish between Proof and evidence. [RJS 1971]

Q. 38. What do you understand by 'Substantive' and 'Adjective Law?' In which category will you place the law of evidence? Explain. [HJS 2001]

Q. 39. Explain the significance of presumptions of law under the Evidence Act with illustrations for each. [HJS 2019]

Q. 40. 'Substantive law is different from procedural law.' Explain by giving reference to the Indian Evidence Act, 1872. [HPJS 2016]

Q. 41. What do you understand by 'Substantive and Adjective Law'? In which category will you place the Evidence Act? [Pub] J® 2003]

Q. 42. "Presumptions may be looked on as the bats of the law, flitting in twilight but disappearing in the sunshine of actual facts". Explain while discussing in brief the different kinds of presumptions recognised by the Indian Evidence Act. [DJS 1990]

Q. 43. Explain "evidence" and kinds of "evidence". [BJS 2000]

Q. 44. What is a fact in issue? Whether it is a relevant fact? Explain the circumstances when the conduct of a party to the proceeding becomes relevant. [BJS 2014]

Q. 45. What is relevant facts? Explain. A victim of rape while coming back to village, was weeping and abusing the accused. State what part of fact is relevant and in what form? [MPJS 1998]

Relevancy of fact and admissibility of fact (S. 5)

Q. 46. Evidence must be confined to the matter in issue. Explain and state briefly the exceptions to this rule. [HJS 2001]

Q. 47. What is distinction between relevancy and admissibility of fact? Illustrate [HJS 1996]

Q. 48. Explain admissibility of a fact and relevancy of a fact.

[BJS 2000, 2006, HJS 1996, 1999, UPJS 1986]

Q-49. a) "All admissible evidence is relevant, but all relevant evidence is not necessarily admissible". Comment.

(b) Point out whether in the following cases the facts sought to be proved are relevant.

(i) A is charged with shooting at B with intent to kill him. In order to prove A's intent the prosecution wants to prove the fact that A has earlier shot one C.

(ii) A is tried for rioting and is proved to have marched at the head of the mob; the prosecution wants to prove that the mob was shouting. [UPJS 1992, 2003, HJS 1999]

Q.50. Comment briefly on following:

Expression "Relevancy" and "admissibility" are used as synonyms. [DJS 1999]

Q. 51. Discuss giving an instance relevancy is not the same thing as admissibility of evidence. [DJS 1973]

Q. 52. Write a short note relevancy, admissibility and credibility of evidence. [DJS 2008]

Q; 53. "Relevance and admissibility are neither synonymous nor is the one included in other."

Elucidate this statement. [UPJS 2000]

Q. 54. What do you understand by relevancy of facts? Are all the relevant facts admissible in Court? Explain. [UPJS 2006]

Q. 55. Relevancy and Admissibility are neither synonymous nor is the one included in the other. Elucidate this statement with relevant provisions of law and judicial decisions. [Punj JS 2019]

Q. 56. Differentiate among the following, with the help of relevant case laws:

Relevancy and Admissibility [Punj JS 2019]

Res gestae (S. 6)

Q.1.  According to the prosecution, there was an enmity between N and his nephew S on account of a dispute in respect of agricultural land and the agricultural produce therefrom. On the date of occurrence, S fired a pistol shot at N. N raised the alarm on account of which, PWs 1 and 2 reached the spot and at that point of time, N fell down and S made good his escape. PWs 1 and 2 brought ,N to police station whereupon statement of N was recorded and treating the same as an FIR, the police started investigations and sent up S for trial. During the trial, PWs 1 and 2 stated as to what they had heard from I the injured at the relevant time and according to PW-2 the injured had told him that S had fired upon him. The trial Court convicted S under section 307 and the High Court dismissed his appeal. Before the Supreme Court, the appellant-accused contended that the evidence of PW-2 was not admissible under section 6 of the Evidence Act, inasmuch as what the injured told the witness and the factum of alleged shooting by accused at the injured could not be said to have formed part of the same transaction as according to him, by the time he reached the scene of occurrence several people had gathered there. Answer with reference to sections of the Indian Evidence Act and case law, if any.

[Punj JS 2000]

Q. 2. Discuss the relevancy of the following fact under the provisions of the Indian Evidence Act, 1872.

The fact testified to by D that soon before the alleged murder by A, C had peeped through the widow and exclaimed "Look A is aiming his gun towards B". [Punj JS 2000]

Q3.  State with the help of relevant case laws, the conditions under which a hearsay evidence may be admissible as res gestae and also critically examine the doctrine of res gestae? [Punj JS 2019]

Q. 4. Explain the concept of Res Gestae under the Evidence Act citing prominent cases on the point. [HJS 2019]

Q. 5. Under what provisions of the Evidence Act are the following fact relevant.

The cries for help heard by the people residing around the place where the girl was raped. [Punj JS 1998]

Q.6. In a case of gunshot firing, by entering into the open terrace of the house of the victim at night, causing injuries to the victim and death of his wife, the close neighbours of the victim rushed to the spot within a few minutes and saw the injured person in bleeding condition. The neighbours deposed that the injured victim had mentioned the names of the appellants as assailants. Does the statement of the injured person, made to the neighbours soon after the incident, become substantive evidence as res gestae? Will it have utility in the trial as it would full within the ambit of section 157 of the Indian Evidence Act? Answer with reference to provisions of the Indian Evidence Act and case law, if any. [Punj JS 1999]

Q. 7. Discuss the provisions of Indian Evidence Act under which following fact are relevant: In a trial of rape of Kamla, the fact that on the night of rape, the police had received a distress telephone call from a woman in which just before abrupt disconnection, she could only say "save me or I will be ravished". [Punj JS 1999]

Q. 8. Under what provisions of the Indian Evidence Act, are the following facts relevant or not relevant?

(a) The cries for help heard by the people residing around the place where the girl was raped.

(b) In a case of theft of jewellery in the bedroom against the servant the fact that only

the domestic servant had keys of the bedroom and knew that the jewellery was in the house that night. [Punj JS 2007]

Q. 9. Explain and illustrate 'res-gestae'. [RJS 1988, 2011, DJS 1971, 1990, 1996, BJS 1977, 1979, 1980, 1986, HJS 1988, 2015]

Q. 10. Explain and illustrate:—

"Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant." [BJS 1987]

Q. 11. Write detailed note on the Doctrine of Res gestae [UPJS 2015, JJS 2019]

Q. 12. What is the rule of Res gestae? How has the Indian Evidence Act recognised this ' rule? [HJS 1999]

Q. 13. A after learning that C had been murdered, went to the spot and found that the body of C was being taken to the house of C by four persons who told him that-B had murdered C and had run away. Does the statement of four persons form part of Res gestae. [HJS 1999]

Q. 14. Explain and illustrate the following:

Facts though not in issue, are so connected with a fact in issue as to form part of the ''same transaction, are relevant, whether they occurred at the same time and place or at different times and places. [HJS 2000, UPJS 1983]

Q. 15. A, a witness in describing the offence asserted that B said, "those ruffians who a year ago took away Shubhashini have again come, Let us be off. Caste and honour are at stake." Explain [UPJS 1983]

Q. 16. In a charge of murder of R where the prosecution case is that on the day of incident the accused uttered a thereat that he would finish off K and then after also kill himself. If the evidence admissible to show that the accused tried to killing K? Explain [UPJS 1983]

Q. 17. Comparatively examine the doctrine of res gestae with provisions of Indian Evidence Act. [BJS 2018]

Q. 18. Explain in brief:

Define res gestae and discuss its scope with appropriate illustrations and case laws. [Guj JS 2017]

Facts which are the occasion, cause or effect of facts in issue (S. 7)

Q. 1. D suspected the character of his wife P. P went to her brother's house to attend a function. D wrote to her brother to put an end to her life in order to save the honour of the family. Later D expressed regrets in a letter and offered reconciliation. D sent his J younger brother M to fetch wife. P left with M by train on 4.10.70 but not reached D's village. 10 day after her departure her brother received a letter from one S stating that P had developed pain in her abdomen during journey and was removed to a hospital in Jaipur where she died and was cremated. Brother went to the village of D where M expressed ignorance about P. Brother lodged a report with police. P's dead body was recovered on 5.10.70 from a well situated near the village of brother. An inquest was held and the body was not identified and was disposed off. M was tried for committing P's murder. Prosecution case rests on circumstantial evidence. They are: (1) the letters D wrote to deceased's brother. (2) M taking P with him on 4.10.70 from her brother's village. (3) M's reaching his own village alone. M pleaded innocence. He stated that P left him with a broken heart at the railway station; that he did not know what had happened afterwards; that he stayed overnight in a Dharamshala and then returned and informed D and thereafter on coming to know that a dead body was in hospital went there, saw P's dead body, became panicky and returned home.

Can M be held guilty of the charge under section 302, I.P.C. on the basis of the above said circumstantial evidence? [DJS 1991]

Q. 2. Are facts which are the occasions, cause or effect of facts in issue relevant? Illustrate your answer. [UPJS 1985]

Q. 3. Discuss the provisions of Indian Evidence Act under which following fact are relevant: Shortly before Ram was pick-pockted in the park, he showed a bundle of notes to his friend in the park. [Punj JS 1999]

Q. 4. Under what provisions of the Evidence Act are the following fact relevant or not relevant: In a case of theft of jewellery from the bed-room against the servant the fact that only the domestic servant had keys to the bed-room and knew that the jewellery was in the house that night. [Punj JS 2001]

Q. 5. The question whether A robbed B, whether the facts that shortly before the robbery, B went to a fair with money In his possession and that he stored it or mentioned the fact that he had it to third parsons are relevant? [HJS 1984]

Q. 6. X was admitted to the hospital of Dr. A. After diagnosis, X was advised to undergo a surgery. Dr. A performed the surgery. A few hours after the surgery, X died. The police requested the Court of Coroner to conduct a judicial inquiry in the case. The Coroner, after preliminary proceedings, informed Dr. A that if he paid Rs. 50,000, the case can r be hushed up. Dr. A lodged the complaint with the Director, Anti-Corruption Bureau (ACB). As instructed by the Director, ACB, a recording equipment was attached to the telephone at the residence of Dr. A and all the conversations between the Coroner and Dr. A were recorded. The Coronor asked Dr. A, over the phone, to go to a particular place with the money and pay the amount to a particular person. Dr. A, however, did not go there and pay the money. The police, after an investigation, filed a case under sections 161, 385 and 420 read with section 511 of the Indian Penal Code against the Coroner. Examine whether the recorded communication is a relevant fact under section 7 and admissible under section 8 of Indian Evidence Act. [Punj JS 2006]

Motive, preparation and previous or subsequent conduct (S. 8)

Q. 1. One Ms. Meghna, a widow of Rajan, was living with her father-in-law Ramesh Chander in a town. One day Meghna was returning home from the market after taking some vegetables, when Raju and Babloo caught hold of her and dragged her in a vacant flat and raped her. She came home. When her husband's cousin brother Rana was passing her house, he heard her crying inside and on his questioning her, she told him that Raju and Babloo have raped her, and asked him to tell her father-in-law in his office. Is the statement of Ms. Meghna to Rana relevant and admissible? Answer with reference to relevant provisions of Indian Evidence Act, 1872, as also case law, if any.[Punj JS 2001]

Q. 2. Discuss the provisions of Indian Evidence Act under which following fact are relevant: The fact that B was seen coming out of the house of A distressed and sobbing soon after her alleged rape by A. [Punj JS 1999]

Q. 3. Under what provisions of the Evidence Act are the following fact relevant.

A tape recorded conversation between the police officer and a party involved in a crime, concerning hushing up of the case. [Punj JS 1998]

Q. 4. Under what provisions of the Evidence Act are the following fact relevant.

The fact that A was absconding soon after the alleged crime. [Punj JS 1998]

Q. 5. Discuss the relevancy of the following fact under the provisions of the Indian Evidence Act, 1872.

The fact that B was seen coming out of the house of A distressed and robbing soon after her alleged rape by A. [Punj JS 2000]

Q. 6. Decide the relevancy giving reasons. The question is whether A robbed B.

The facts that after B was roobed, C said in A's presence, "The police are coming to look for the man who roobed B" and that immediately afterwards A ran away. [RJS 1991]

Q. 7. Define Motive. How far motive, preparation and conduct of a party are relevant? [MPJS 2003, CJS 2003]

Q. 8. As tried for murder of C. Whether the facts that C knew that A has murdered B and that C has tried to extort money from A by threatening to make his knowledge public, are relevant? Answer with reference to legal provisions. [UPJS 1999]

Q. 9. Dead body of married women was found in very bad condition. A photograph of the dead body was published in the newspaper for identification purposes. On the basis of other evidence, charges were framed against the husband. During trial, prosecution tried - j’ to adduce evidence of Mr. X, who was familiar with the accused as well as his wife.

In his statement the witness said, "A day after publication of photographs, I received a call from the accused, who said, people are saying that the photograph in the newspaper ' is of my wife..., please go and see."

Examine the admissibility of this statement under section 8 of Evidence Act, 1872. Whether this statement may be admitted under section 157 of Evidence Act as well? [HPJS 2019]

Q. 10. Under what provisions of the Evidence Act are the following fact relevant.

A was in possession of many other stolen cycles at the time of the raid in his house for the theft. [Punj JS 1998]

Q. 11. Comment briefly on "If a statement is relevant, an accurate tape record of it is also admissible." [DJS 1999]

Q. 12. Write short note on Evidentiary value of FIR lodged by accused. [MPJS 2012]

Q. 13. Relevance and legal effect of failure/absence of motive in murder cases. [DJS 2018]

Q. 14. A is in the business of construction. In the course of his business, he usually has to deal with a lot of government officials. In relation to the one of his construction projects, B, an 3 official of the PWD Department asks for a bribe of Rs. 5,00,000 from A for clearing a file.

A is very irritated at his behaviour. He refuses to pay any kind of bribe. Subsequent to this, B repeatedly calls A and threatens him that A's project will never receive clearance. A after being constantly harassed gets in touch with C who is the Assistant Commissioner of the Anti-Corruption Branch. After due consultation, they decide to gather evidence against B by taping the telephonic conversation between A and B. On July 1, 2013 in the presence of C, A calls up B with the recording device attached to his phone B's demand for bribe is recorded and pursuant to that, charges are initiated against him in the Court. During the course of the trial, B contends that the telephonic conversation  cannot be produced in evidence as it was procured illegally in violation of section 25 of the Indian Telegraph Act which is as follows:—

Intentionally damaging or tampering with telegraphs-If any person, intending—

(a) to prevent or obstruct the transmission or delivery of any message, or

(b) to intercept or to acquaint himself with the contents of any message, or

(c) to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof,

shall be punished with imprisonment for a term which may extend to three years, or with fine or with both.

Decide if the recorded telephonic conversation is admissible in the evidence or not. [Punj JS 2013]

Q. 15. Whether the FIR given to the incharge of the Police Station by the accused himself for the commission of a cognizable offence can be an admissible evidence against himself. [HJS 2000]

Facts necessary to explain or introduce relevant facts. (S. 9)

1. Whether pre-trial Test Identification Parade conducted before a Metropolitan Magistrate is evidence and its relevance in a case triable before the Sessions Court. [DJS 2018] Explain 'introductory facts' and 'explanatory facts' under the Indian Evidence Act. What is the evidentiary value of 'identification parades'? [HPJS 2016]

2. Material on record indicated that the Investigating Officer had send repeated letters to the taluka Executive Magistrate for holding the Test Identification Parade. But the Magistrate could not hold the parade earlier due to his preoccupation. The contention that the eye witnesses had seen the accused before they were put for TIP is not substantiated. TIP is not held for two months. In the evidence of the TIP admissible? [Punj JS 1998]

3. A, a witness in case, correctly identified the accused at Test Identification Parade (TIP) in course of the investigation of the case. But during the court trial, he did not identify him. The Trial Judge had, however, observed that the witness was frightened to accord recognition to the accused at trial. The Magistrate who conducted the TIP deposed that the witness had correctly identified the accused in the TIP. Is the evidence of the witness relevant and admissible in the trial? Can a conviction be based on it? Answer with reference to the provisions of the Indian Evidence Act and case law, if any. [Punj JS 1999] .

4. Three prosecution witnesses saw a little girl crying in the company of a man on the day of the incident. Both the accused and the victim were strangers to the PWs. When the PWs heard about the murder of a little girl, they recollected seeing the man alongwith the little girl the previous day. PWs later identified the accused in Test Identification Parade. It was contended by the defence that there was inherent incredibility in the evidence of the PWs as normally accused would have taken precaution, not to be seen by any other person on the way. Comment on this plea of the defence and answer the question with reference to section(s) if the Indian Evidence Act, 1872 and case law, if any- [Punj JS 2000]