Rajasthan Judicial Service Model, Sample and Solved Question Paper !
Q.1. What do you understand by “Juvenile in conflict with law”?
Ans. “Juvenile in conflict with law” means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence. [Section 2(1), Juvenile Justice (Care and Protection of Children) Act, 2000]
Q.2. What does “Court” mean under General Rules (Criminal), 1980?
Ans. “Court” means and includes each criminal Court subordinate to the Rajasthan High Court. [Rule 4(a), General Rules (Criminal), 1980]
Q.3. What does “Commercial Quantity” mean in relation to Narcotic Drugs and Psychotropic Substances?
Ans. “Commercial Quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by Notification in the Official Gazette. [Section 2(vii-a), Narcotic Drugs and Psychotropic Substances Act, 1985]
Q.4. A person on accusation of having committed an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, desires to have anticipatory release on bail. Can he invoke powers vested with the Sessions Court as per Section 438, Code of Criminal Procedure, 1973?
Ans. No. [Section 18, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]
Q.5. What preventive action can be taken by law and order machinery on having reason to believe that a group of persons, not belonging to Scheduled Castes or Scheduled Tribes, may commit any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Ans. Any Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police, having reason to believe that a group of non-S.C. or non-S.T. persons may commit any offence under the aforesaid Act, he may declare such area to be an area of atrocities and take necessary preventive action. [Section 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]
Q.6. What is difference between kidnapping and abduction?
Ans. Kidnapping:
(1) Kidnapping is of two kinds, namely, (1) from India; and (2) from lawful guardianship.
(2) This offence is against the lawful guardianship of a guardian.
(3) Legal importance of the intention of the kidnapper is negligible.
(4) Offence of kidnapping is mostly committed by enticing the person kidnapped.
(5) In one time, this offence is completed.
(6) Consent of the person kidnapped is immaterial.
(7) This offence of taking or enticing from the lawful guardianship relates to either a minor or a person of unsound mind.
Abduction:
(1) Abduction has no kinds.
(2) This offence is against the abducted person himself/herself.
(3) Intention of the abductor has a great legal importance.
(4) Offence of abduction is committed by force, compulsion or deceitful means.
(5) It is a continuing offence.
(6) In case there is free consent of the person abducted, this offence is not committed.
(7) In this offence, age or unsoundness of the person abducted is irrelevant.
[Sections 359, 360, 361 and 362, Indian Penal Code, 1860]
Q.7. Discuss the law relating to power to commute the sentence.
Ans. The appropriate Government may, without the consent of the person sentenced, commute a sentence of death for any other punishment, a sentence of life-imprisonment for imprisonment not exceeding fourteen years or fine, a sentence of rigorous imprisonment for simple imprisonment or fine, or a sentence of simple imprisonment for fine. [Section 433, Criminal Procedure Code, 1973]
Q.8. What does “conclusive proof’ mean in the Indian Evidence Act, 1872?
Ans. When the Court shall, on proof the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. [Section 4, Indian Evidence Act, 1872]
Q.9. How a witness who is unable to speak may give his evidence?
Ans. Dumb witness may give his evidence by writing or by signs or by other intelligible manner, which writing or signs will be written by the Court. It shall be deemed to be oral evidence. [Section 119, Indian Evidence Act, 1872]
Q.10. How and when a Magistrate can set aside an ex parte order passed while exercising powers under Section 126 of the Code of Criminal Procedure, 1973?
Ans. Against an ex parte order, the aggrieved party, within three months from the date of this order, by showing good cause in the application and proving it before the Magistrate, may get the ex parte order set aside. [Section 126(2), Proviso, Indian Evidence Act, 1872]
Q.11. What meaning shall be given to the words and expressions used but not defined under the Probation of Offenders Act, 1958 and defined under the Code of Criminal Procedure, 1973?
Ans. Such words and expressions shall have the meanings respectively assigned to them in the Criminal Procedure Code, 1973. [Section 2(d), Probation of Offenders Act, 1958]
Q.12. As per the General Rules (Criminal), 1980 in which circumstances a police officer is required to present before the Court in uniform?
Ans. If any police officer is expected to be present in the Court in his official capacity, he is required to present in uniform. [Rule 14, General Rules (Criminal), 1980]
Q.13. Mention the general provisions prescribed under the General Rules (Criminal), 1980 in relation to the daily cause list of a Court.
Ans. Daily cause list in Hindi (in three copies) is prepared by the Reader of the Court, whose one copy is affixed on the notice-board of the Court on the previous working-day; one copy remains with the presiding officer of the Court and one copy is kept by the Reader. [Rule 63, General Rules (Criminal), 1980]
Q.14. Provisions of which Chapters and Sections of the Indian Penal Code, 1860, shall apply for the purposes of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as they apply for the purpose of the Indian Penal Code, 1860?
Ans. Sections 34 and 149 and Chapters 3, 4, 5, 5-A and 23, I.P.C. shall apply equally for the purpose of the aforesaid Act as they apply for the I.P.C. [Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]
Q.15. What does the term “shared household” mean under the Protection of Children from Sexual Offences Act, 2012?
Ans. “Shared household” means a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child. [Section 2(k), Protection of Children from Sexual Offences Act, 2012]
Q.16. What is “wrongful gain” as defined under the Indian Penal Code, 1860?
Ans. “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. [Section 23, Indian Penal Code, 1860]
Q.17. A resident of crowded colony used to bum tyres, making atmosphere noxious to the health of other residents of the colony. What offence under the Indian Penal Code, 1860, he is committing and what maximum punishment for that may be awarded?
Ans. A person making the atmosphere noxious to health shall be punished with fine which may extend to five hundred rupees. [Section 278, Indian Penal Code, 1860]
Q.18. Who is the Judicial Officer competent to give special orders, as to the distribution of business among the Judicial Magistrates posted in a District Judgeship?
Ans. The Chief Judicial Magistrate. [Section 15(2), Criminal Procedure Code, 1973]
Q.19. Who is competent to determine the language of each Court with in the State other than the High Court for the purpose of the Code of Criminal Procedure Code, 1973?
Ans. The State Government.
Q.20. Explain the presumption as per Section 146 of the Negotiable Instruments Act, 1881 about dishonour of a cheque?
Ans. The Court shall on production of a bank’s slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved. [Section 146, Negotiable Instruments Act, 1881]
PART -B
Q.21. Mention the conditions in which provisions of Probation of Offender Act, 1958 can be applied to a person convicted for the offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ans. Under the Narcotic Drugs and Psychotropic Substances Act, 1985, the convicted persons can only be released on probation when they are below 18 years; or they have been convicted and punished under Section 26 or 27 of the Act. [Section 33, Narcotic Drugs and Psychotropic Substances Act, 1985]
Q.22. What procedure is to be followed when claim of juvenility is raised before any Court?
Ans. Whenever a claim of juvenility is raised before any Court is of the opinion that an accused person was a juvenile on the date of commission of offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person and shall record a finding whether the person is juvenile or a child or not, stating his age as nearly as may be.
If the Court finds a person to be a juvenile on the date of commission of the offence, it shall forward the juvenile to the Juvenile Justice Board for passing appropriate order, and the sentence, if any, passed by a Court shall be deemed to have no effect. [Section 7-A, Juvenile Justice (Care and Protection of Children) Act, 2000]
Q.23. Discuss the provisions of the Code of Criminal Procedure, 1973, in relation to grant of compensation to the persons groundlessly arrested.
Ans. Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
All compensation awarded, as aforesaid, may be recovered as if it were a fine, and, if it cannot be so recovered the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. [Section 358, Criminal Procedure Code, 1973]
Q.24. Explain the ingredients of the offence of “Criminal Misappropriation of property” and distinguish it from “Criminal Breach of Trust”.
Ans. Whoever, dishonestly misappropriates or converts to his own use any movable property of another person, it is called “Criminal Misappropriation of property”. [Section 403, Indian Penal Code, 1860]
Difference between “Criminal Misappropriation” and “Criminal Breach of Trust”:—
Criminal Misappropriation:
(1) In Criminal Misappropriation, from the very beginning the property is obtained by the offender dishonestly or by unlawful means or the offender gets possession of the property by fortune or by the way
(2) This offence can be committed only for movable property.
(3) Criminal Misappropriation can be committed only by the offender himself.
(4) There is no fiduciary relationship between the offender and the owner of the property. [Section 403, Indian Penal Code, 1860]
Criminal Breach of Trust:
(1) In case of Criminal Breach of Trust, the property is given in trust by lawful means, but afterwards Criminal Breach of Trust of the property is committed.
(2) This offence can be committed for both movable and immovable properties.
(3) In Criminal Breach of Trust, giving to any other person to use the property intentionally or dishonestly comes within the ambit of this offence.
(4) There is fiduciary relationship between the offender and the owner of the property. [Section 405, Indian Penal Code, 1860]
Q.25. Discuss the ambit of the inquiry under Section 202 of the Code of Criminal Procedure, 1973.
Ans. For the purpose of deciding whether or not there is sufficient ground for proceeding, the competent Magistrate may either inquire into the case himself or direct an investigation to be made by a police officer or by such other person.
But no such direction for investigation shall be made where—
(i) it appears to the Magistrate that the offence complained of is tribal exclusively by the Court of Session; or
(ii) The complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under Section 200; or
(iii) If the Magistrate thinks fit, he may take evidence of witnesses on oath. [Section 202, Criminal Procedure Code, 1973]
Q.26. Write short note on any two of the Following—
Ans. (A) Police to inquire and report on suicide.—
When an Officer-in-charge of a Police Station or some other police officer specially empowered by the State Government receives information that a person has committed suicide or has died under suspicious or unnatural circumstances, he shall immediately give information thereof to the nearest Executive Magistrate empowered to hold inquests, who shall proceed to the site of occurrence or to that place where the body of such deceased person is there and draw up a report of the apparent cause of death together with wounds and injuries etc.
Any District Magistrate. Sub-divisional Magistrate and specially empowered Executive Magistrate by the State Government is entitled to hold such inquests. [Section 174, Criminal Procedure Code, 1973]
(B) Arrest by private person and procedure on such arrest.—
Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest Police Station.
If there is reason to believe that such person comes under the provisions of Section 41 (Right of the police to arrest without warrant), a police officer shall re-arrest him.
If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. [Section 43, Criminal Procedure Code, 1973]
(C) Public document.—
The following documents are public documents:—
(1) Documents forming the acts or records of the acts—
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country.
(2) Public records kept in any State of private documents. [Section 74, Indian Evidence Act, 1872]
(D) Burden of proving fact especially within the knowledge.—
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration:
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.
B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. [Section 103, Indian Evidence Act, 1872]
Q.27. For the purpose of Section 498-A of the Indian Penal Code, 1860, what does “cruelty” mean?
Ans. When the husband or his relative subjects the woman to cruelty, it is an offence punishable under Section 498-A, Indian Penal Code, 1860. Cruelty includes both physical and mental torture and harassment, including demand for any property or valuable security. Demand of a car by the mother-in-law from her daughter-in-law by force or threatening comes within the ambit of a “cruelty”. [Section 498-A, Indian Penal Code, I860]
Q.28. What is the procedure under Section 24 of the Protection of Children from Sexual Offences Act, 2012 for recording statement of a child?
Ans. The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of Sub-inspector.
The police officer while recording the statement of the child shall not be in uniform. The police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accused. No child shall be detained in the Police Station in the night for any reason. The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child. [Section 24, the Protection of Children from Sexual Offences Act, 2012]
Q.29. Write short note on the powers of a Court in relation to variation of conditions of probation under the Probation of Offenders Act, 1958.
Ans. If, on the application of a Probation Officer, any Court which passes an order under Section 4 (to release the accused on probation) in respect of an offender is of opinion that in the interests of the offender and the public, it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, after vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein after, giving the offender and the surety or sureties an opportunity of being heard.
If any surety refuses to consent to any variation proposed to be made, the Court may require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the Court may sentence him for the offence of which he was found guilty.
Notwithstanding anything herein- before contained, the Court which passes an order under Section 4 in respect of an offender may, it is satisfied on an application made by the Probation Officer that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him. [Section 8, Probation of Offenders Act, 1958]
Q.30. Write short note on the following:
(A) Punishment under the Information Technology Act, 2000 for publishing or transmitting obscene or sexually explicit act in electronic form.—
Ans. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees. [Section 67, Information Technology Act, 2000]
(B) Order that may be passed regarding juvenile by the Juvenile Justice Board.—
Ans. (i) The Juvenile Justice Board may allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile;
(ii) direct the juvenile to participate in group counselling and similar activities;
(iii) order the juvenile to perform community service;
(iv) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;
(v) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years,
(vi) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period not exceeding three years; or
(vii) make an order directing the juvenile to be sent to a special home.
No juvenile in conflict with law shall be sentenced to death or life imprisonment or committed to prison in default of payment of fine or in default of furnishing security:
Provided that where a juvenile who has attained the age of sixteen years has committed an offence and the Board is satisfied that the offence committed is of so serious in nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this Act is suitable or sufficient, the Board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and shall report the case for the order of the State Government. [Sections 15 & 16, Juvenile Justice (Care and Protection of Children) Act, 2000]
Q.31. Write a judgment by developing imaginary facts convicting and sentencing an accused for an offence punishable under Section 304-A of the Indian Penal Code.
Ans. Court of the Judicial Magistrate First Class, Bikaner.
Presiding Officer: ‘Z’, R.J.S.
Criminal Original Case No……………. /2014.
State of Rajasthan v/s. ‘A’ S/o ‘B’, by Caste ‘C’, aged 30 years, r/o. ‘D’
………….. Accused
Offence under Section 304-A, Indian Penal Code, 1860
Present:
Mr. ‘X’, Assistant Public Prosecutor, for the State.
Mr. ‘Y’, Advocate, for the accused.
Accused in person (on bail).
Dated………..
Briefly stated, the case of the prosecution is that on dated 24th December, 2013, on Kutchery Road, Bikaner, at about 9-30 a.m., accused ‘A’ while driving his private bus No ………… with excessive speed, rashly and negligently on his wrong side, collided the bus from the front side against victim ‘K’ S/o. ‘Kh’, by caste ‘G’, aged 35 years, resident of ‘Gh’, who was driving his bi-cycle on his correct side of the road, due to which ‘K’ fell on road, sustaining several injuries on his body. The eye-witnesses of the occurrence were ‘E’ and ‘F’, who, immediately took ‘K’ in their car to the P.B.M. Government Hospital, Bikaner, where, Medical Jurist Dr. ‘J’, after medically examining ‘K’ (injured-victim), declared him dead, whose post-mortem examination report is dated 24.12.2013 . Dr. ‘J’ opined that the cause of death of ‘K’ was multiple injuries and fatal injury and haemorrhage on his head. The S.H.O. Police Station, Kot Gate, Bikaner registered the case under Section 304-A, I.P.C., and started the investigation.
After completing the investigation, a charge-sheet (challan) was presented against accused ‘A’ under Section 304-A, I.P.C. The accused was given copies of the challan together with relevant documents.
Substance of accusation under Section 304-A, I.P.C. was read over and explained to the accused, which he denied and claimed to be tried.
The prosecution produced 5 witnesses, namely……………… In his statement under Section 313, Cr.P.C., the accused said that a false case has been registered against him. He refused to produce any witness in his defence.
I have heard the arguments advanced by both the parties and perused and analysed the case-file.
In the present case, P.W. 1 ‘E’ and P.W. 2 ‘F’ are eye-witnesses, who had fully corroborated the prosecution story. According to P.W. 3 Dr. ‘J’, Medical Jurist, when on 24.12.2013 victim ‘K’ was brought before him, he immediately medically examined ‘K’. After medical examination, ‘K’ was declared dead by the Medical Jurist (P.W. 3), and, in his opinion, cause of death of ‘K’ was multiple injuries and wounds on his body and there was a grievous and vital injury, i.e., haemorrhage, and a huge quantity of blood had flown on the spot due to the haemorrhage. He proved the post-mortem report of ‘K’, Ex. P.
P.W. 5……………… is the Investigating Police Officer. In this case, sitemap with site inspection report Ex. P…………………… is an important document, according to which, keeping in view the principle of res ipsa loquitur, the site of occurrence itself speaks of the occurrence. On the site of occurrence, there were skid-marks of the tyres of the bus of the accused, which prove these facts that the accused drove the bus at a very excessive speed on wrong side of the busy and crowdy road and while colliding from the front side of the bus against the bi-cycle of ‘K’, threw away ‘K’ from his bi-cycle and while driving the bus rashly and negligently the accused caused the death of ‘K’.
In the present case, the eye-witnesses fully support the story of the prosecution which is corroborated by the medical evidence and statements of the Investigating Officer and the witness, supported by the site-plan and site-inspection report.
Hence, in my opinion, the prosecution has proved beyond doubt that at the time of occurrence, on the busy road of the site, the accused while driving his bus with a very excessive speed, rashly and negligently, caused the death of ‘K’. Consequently, the accused is convicted for the offence punishable under Section 304-A, I.P.C.
In the result, keeping in view the facts and circumstances of the case, under Section 304-A, I.P.C., accused ‘A’ is sentenced to two years rigorous imprisonment and a fine of Rs.5,000/- only – and in default of payment of fine, the accused will further undergo rigorous imprisonment for three month. The period for which the accused remained in police and judicial custody by set off from the period of substantive sentence. Warrant of sentence be prepared accordingly.
Bus No…………. has already been given on supardginama to ‘O’ S/o. ‘P’, aged 42 years, by caste…………., resident of…………… which after the expiry of the appeal, will be kept and occupied by him.
Sd/- ‘Z’
Judicial Magistrate First Class,
Bikaner.
Judgment pronounced in open Court today the…………… (date).
Sd/- ‘Z’
Judicial Magistrate First Class,
Bikaner.
Q.32 (A). Frame the charge for an offence punishable under Section 326 read with Section 149 of the Indian Penal Code, 1860.
Court of…………. R.J.S. (Name of Presiding Officer,………… and his designation)
Criminal Original Case No…………./2013.
State vs. …………….
(Name of accused)
(1) I……………, R.J.S., (name of Presiding Officer), (Name and place of Court of the Judicial Magistrate) hereby charge you……….. (Name of accused) son/wife of……………. caste………….. aged……………. profession…………. resident of………………….. as under.—
(2) That you on or about the………… day of………………. at……………….. (Time of occurrence), at…………….. (Description of place of occurrence), constituted an unlawful assembly duly armed with deadly weapons, and in prosecution of its common object, voluntarily caused grievous hurt with sharp weapon,…………….. (Description of the weapon) to……………. (Name together with description of the injured, i.e., his father’s name, caste and residence), and thereby committed an offence punishable under Section 326 read with Section 149, Indian Penal Code, and within my cognizance.
(3) And I hereby direct that you be tried by this Court on the aforesaid charge.
(Signature/Thumb impression of the accused)
(Signature of the Judicial Magistrate First Class with date and seal of the Court)
Q.32 (B). Frame the charge for an offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860.
Ans. CHARGE
Court of…………………… R.H.J.S., Sessions Judge, Jodhpur Sessions Case No………./……………
State vs. …………
(Name of accused)
(1) I……………….., R.H.J.S., Sessions Judge, Jodhpur, hereby charge you …………… (Name of accused) son of………….. aged……………years, caste………………occupation…………….., resident of…………….. District……………… as under.—
(2) That you on or about 12.12.2013, at about 9 a.m., at Jhalamand Chauraya, Jodhpur, together with the co-accused…………. (Name and Description of co-accused), in furtherance of the common intention, and while collectively threating, caused injuries to Harlal son of Laduram, caste Bishnoi, aged 50 years, resident, of Jhalamand, by firing pistol pointing towards his head and causing injury on his right ear, with such intention and under such circumstances that, if you by that act caused death of aforesaid Harlal, you would have been guilty of murder, and thereby committed an offence punishable under Section 307 read with Section 34, Indian Penal Code, and within my cognizance.
(3) And I hereby direct that you be tried by this Court on the aforesaid charge.
Sd/- Sd/-
…………………………………. 02.08.2014
(Signature of accused) Sessions Judge, Jodhpur
Seal of the Court
Q.32(C). Frame the charge for an offence punishable under Section 379 of the Indian Penal Code, 1860.
Ans. CHARGE
Court of the Judicial Magistrate First Class, Beawar (Raj.)
Criminal Original Case No……………/2013.
State vs. ‘A’………………..
(Name of accused)
(1) I…………………., R.J.S., Judicial Magistrate. First Class, Beawar, hereby charge you ‘A’ (Name of accused) son of ‘B’, caste ‘C’, aged……………… years, resident of Beawar, District Ajmer, as under:—
(2) That you on or about 04.06.2013 at 6.30 a.m., at Rajasthan State Corporation Roadways Bus-stand, Beawar, picked the pocket of the pant of ‘Z’ S/o ‘Y’, caste ‘X’, aged……….. years, resident of Tripolia Bazaar, Jaipur, and thereby dishonestly committed theft of one leather purse containing therein Rs.3500/- (all currency notes of rupees one hundred each) and his motor-driving licence, and thereby committed and offence under Section 379, Indian Penal Code, 1860 and within my cognizance.
(3) And I hereby direct that you be tried by this Court on the aforesaid charge.
………………………… ……………………………
(Signature/thumb impression of accused) (Signature of Judicial Magistrate with date and Seal of Court)
Q.33 Discuss the provisions relating to Victim Compensation Scheme prescribed under Section 375-A, grant of compensation as per Section 367-B and treatment of victims as per provisions of Section 375-C of the Code of Criminal Procedure, 1973.
Ans. The provisions relating to Section 375-A, 357-B and 357-C of the Code of Criminal Procedure, 1973 are as under:—
Section 357-A. Victim Compensation Scheme.—
(1) Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in Subsection (1).
(3) If the Trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under Section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under Sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or for medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the Officer-in-charge of the Police Station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
Section 357-B. Compensation to be in addition to fine under Section 326-A or Section 376-D of Indian Penal Code.—
The compensation payable by the State Government under Section 357-A shall be in addition to the payment of fine to the victim under Section 326-A or Sections 376-D of the Indian Penal Code, 1860.
Section 357-C. Treatment of Victims.—
All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under Sections 326-A, 376, 376-A, 376-B, 376-C, 376-D or Section 376- E of the Indian Penal Code, 1860 and shall immediately inform the police of such incident.
Q.34 (A). Write short note on the procedure in case of offence failing to observe conditions of bond executed to avail benefit under Section 4 of the Probation of Offenders Act, 1958.
Ans. (1) If the Court which passes an order under Section 4 in respect of an offence or any Court which could have dealt with the offender in respect of his original offence has reason to believe on the report of a Probation Officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons.
(2) The Court before which an offender is so brought or appears may either remand him to custody until the case is concluded or it may grant him bail, with or without surety, to appear on the date which it may fix for hearing.
(3) If the Court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith—
(a) sentence him for the original offence; or
(b) where the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty rupees.
(4) If a penalty imposed under Clause (b) of Sub-section (3) is not paid within such period as the Court may fix, the Court may sentence the offender for the original offence. [Section 9, The Probation of Offenders Act, 1958]
Q. 34 (B). Write short note on the offences and penalties relating to theft under Part XIV of the Electricity Act, 2003.
Ans. Theft of Electricity (Section 135).—
Whoever, Dishonestly.—
(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be; or
(b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or
(c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or
(d) uses electricity through a tampered meter; or
(e) uses electricity for the purpose other than for which the usage of electricity was authorised, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both:
Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use –
(i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;
(ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity:
Section 136. Theft of electric lines and materials.—
(1) Whoever, Dishonestly—
(a) cuts or removes or takes away or transfers any electric line, material or meter from a tower, pole, any other installation or place ‘of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located, including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or
(b) stores, possesses or otherwise keeps in his premises, custody or control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain; or
(c) loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain, is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
If a person, having been convicted of an offence punishable under Sub-section (1) is again guilty of an offence punishable under that sub-section, he shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees. [Sections 135 and 136, Part 14, Electricity Act, 2003]
Q.35. Discuss with illustrations the law where a Court may presume existence of any fact which it thinks likely to have happened in common course of natural events, human conduct and public and private business in a particular case.
Ans. The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common causes of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustrations
The Court may presume—
(a) That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
(b) That an accomplice is unworthy of credit, unless he is corroborated in material particulars;
(c) That a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;
(d) That a thing or state of things which has been shown to be in existence within a period shorter than that within such things or states of things usually cease to exist, is still in existence;
(e) That judicial and official acts have been regularly performed;
(f) That a common course of business has been followed in particular cases;
(g) That evidence which could be and is not produced would, if produced, be unfavorable to the person who withholds it;
(h) That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavorable to him;
(i) That when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. [Section 114, Indian Evidence Act, 1872]
Q.36. 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 to above, write an application on behalf of ‘A’ to have direction for grant of bail apprehending arrest.
Ans.
To
The Sessions Judge,
…………………………..
Criminal Miscellaneous Case (Application for Anticipatory Bail) No…………….. /2014).
‘A’ son of Shri……………….. by caste……………. resident of………….. Applicant.
versus
State of Rajasthan …………..Non-applicant.
Application under Section 438, Criminal Procedure Code, 1973.
May it please your honour,
It is prayed on behalf of the applicant as under:—
1. That the applicant and ‘X’ S/o ‘Y’ by caste……….. R/o………………, who lodged the F.I.R. against the applicant at the Police Station……… on………… are neighboured. Full description of both of their houses has been enclosed with this application as Annexure 1 map.
2. That on………… (date) the aforesaid ‘X’ had sold his house No. 151 to the applicant with his free consent and with consideration. Certified copy of the registered sale deed dated……………….. is also enclosed with this application as Annexure 2.
3. That the applicant purchased the house No. 151 from ‘X’ neither by deceitful means nor did the applicant dishonestly got its possession from ‘X’.
4. That the aforesaid transaction of the house was with the mutual free consent of the application and ‘X’. In the last para of the sale-deed both the parties accepted before the Registrar that the sale-deed has been executed by them with their free mutual consent and without any fraud, force, coercion undue influence or misrepresentation, on which two witnesses, namely, ‘Y’ and ‘Z’ put their signatures with free consent before the Registrar.
5. That after the sale of the aforesaid house No. 151 the prices of the houses had gone very high and the young son of ‘X’ died due to road accident. Therefore, ‘X’ has made his firm view that ‘X’ has committed a blunder mistake by selling his house, because the house No. 151 was very lucky, favourable and advantageous for him. But, a request of ‘x’, the applicant flatly refused to re-sell this house to ‘X’ in that very price.
6. That annoyed by the aforesaid refusal of the applicant, ‘X’ lodged the F.I.R. against the applicant on false, concocted, mala fide and baseless grounds.
7. That ‘X’ has falsely implicated the applicant and ‘X’, with revengeful planning, lodged the F.I.R. against the applicant.
8. That the applicant has apprehension that the police may arrest him at any time in a cognizable and non-bailable offence, which will definitely cause injury to his reputation.
9. That the applicant will extend fall co-operation to the police officer in his investigation; and he will not leave the jurisdiction of the Court without its permission. Whenever the police or the Court will call upon him, he will remain present.
10. That no recovery has to be made from the applicant by the Investigating Officer.
It is, therefore, prayed that while accepting the anticipatory bail of the applicant, the S.H.O., Police Station,……… be directed not to arrest the applicant in this case; and if he is arrested, be immediately released on bail and bonds.
Place…………. Applicant…………….
Date………….. Through Advocate
Q.37. Discuss the summary procedure given in the Code of Criminal Procedure for trial for giving false evidence.
Ans. If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the First Class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.
In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trial.
Nothing in this section shall effect the power of the Court to make a complaint under Section 340 for the offence, where it does not choose to proceed under this section.
Where, after any aforesaid action is initiated, it is made to appear to the Court of Session or Magistrate of the First Class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. [Section 344, Criminal Procedure Code, 1973]