Delhi Judicial Services Main Exam

2008 Criminal Law

Note :Even if you do not know the answer, you may attempt the questions as the test is
not only of knowledge of law but of the candidates analytical skill also.

Q 1. (A) H, Husband is facing trial for the offence under sections 304B and 201, IPC for
having committed the murder of his wife, W by burning her. There are no witnesses to
the incident. However, the prosecution has established and relies upon the following
circumstance in order to prove the charges against H.

(a) H was married on 20th February, 2006, H would frequently complaint parents of W
did not given 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 and she found W
extensively in burnt condition which doctors opined to be case of 98% burns.

(e) There was no kerosene stove in the kitchen, a cane of kerosene with its lid open was
recovered from the room.

Questions?
(f) H received 6% burn injuries on his hands, while saving W which doctor opined as
superficial burns.

(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.

(B) A student of 1st year of Graduation along with 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 as C and were sitting at the back seat. Lound 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 consequence 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 car. The car sped away. The blood stains
on the car were washed by all the four persons, thereafter, the car was also goet dented
and painted. All the boys were arrested and send for trial for an offence under section
299/201/34 IPC. The defence took the plea that in a case of 304A, IPC at best against A
and 201 IPC against B to D

Q2. Attempt any Five. Discuss the difference between.

(i) Breach of trust and criminal mis-appropriation.

(ii) Kidnapping and abduction.

(iii) Robbery and Dacoity.

(iv) Mistake of Fact and Mistake of law.

(v) Common intention and common object.

(vi) Abetment and criminal conspiracy.

Q3. (a) Bail in matters of non-bailable offences is a matter of discretion and if the
discretion is to be exercised in favour of the accused, what are the conditions be borne
in mind by the courts? Discuss with reference to provisions in Code Criminal

Procedure?
(b) Power of anticipatory bail under section 438 Cr. P.C. is a concurrent power granted
to the Court of Sessions and the High Court. If you were to file an application for
anticipatory bail which Court would you choose and why. What is the guidelines are to
be observed by the Courts while exercising this power. Discuss with reference to case
law, if any?

Q4. Write a short note on any five.

(i) Statements recorded under sections 161 and 164 Cr. P.C.

(ii) Investigation, inquiry and trial.

(iii) Search warrant and production warrant.

(iv) Police remand and judicial remand.

(v) Coercive steps to be adopted by courts to procure attendance of an accused.

(vi) Complaint case and police case.

Q 5. Who are the person 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.

Q 6. Write a short note on any five.

(i) Competence of witness to testify.

(ii) Relevancy, admissibility and credibility of evidence.

(iii) Evidence of accomplice as against the confession of co-accused.

(iv) Privileged communications.

(v) Presumption of fact and presumption of law.

(vi) Burden of proof and onus of proof.

(vii) Relevancy of evidence as to the good character in civil and criminal cases.

Q7. (a) What is a dying declaration? Can it be the sole basis of conviction? Discuss with
reference to case law?
(b) What is a confession? What are types of confession which are inadmissible under
Indian Evidence Act, 1872? Is there any exception to this. Discuss with reference to
provisions of the Act?