DELHI JUDICIAL SERVICE MAIN EXAMINATION 2019 (12.10.2019) ‘Time Allowed: 3 Hours Max Marks: 200 Instructions: (@ Please read the questions carefully and answer them as directed, (i) All questions are compulsory, unless specified. Gi) You are allowed 15 minutes time before the examination begins, should read the question paper and, if you wish, highlight and/o question paper. However, you are not allowed, under answer sheet and start writing during this time () Support each of your answers with reasons, relevant leg Length of the answer would not determine the marks, (vy) Bare Acts will be provided by this Court in the examination hall for use by you, (4) Even if you do not know the answer, it is advisable to attempt as much, as the testis not ‘only of the knowledge of law but also of analytical reasoning, 7 ucing which you ke notes on the T any circumstances, 10 open the al provisions and legal principles, a LAW L On the night intervening 31,08.2019 and 01.09.2019( “P") strangulated his wife “and caused et death at argund_11:00 PM on the roof of the premises. On Tegitered against *P" under Seetion 302 IPC. *P™ was tried by “kK ~O1,09-2019, & case x The Court of Sessions. To prove its case, ie prosecuifon Exathined 10 witness Case of the prosecution: 8)-Star witness “C", son of the deceased aged around 7 years has in his deposition implicated “2” for causing, death oPhis mother by strangulation with ‘saria’ b)-Neighbour “2” testified that he had seen “P" leaving the house in the morning on 01.09.2019 at 6:30 AM. (e.1 7" a 5} Crime weapon i. ‘saria’ wes tecovered pursuant to the disclosure statement of from underneath the bed in the house. “ <2) “P? absconded from the crime spot. $- _S} False explanation in Section 313 of the CtPC statement. Defence of “P” 2) He is not the author of the crime b) C's testimony cannot be believed as he was sleeping at the relevant time; he is « tutored witness. “C” did not inform the police and his statersent was recorded by the police after a delay of 10 hours, He used to scold “C” for missing his schoo! classes ©) The ‘saria’ was a piece of rod bearing ridge marks but the post-mortem examination report did not suggest whether the strangulation marks appearing on the neck of the deceased had those ridge marks of the ‘saria’ 4) He had no intention to kill °X’. On that night, he had come late at home after viewing ‘a movie at 11:00 PM and wes under the influence of liquor. He asked “X” to prepare food for him. When she declined, a quarrel took place; he lost his cool and gave ‘beatings to “X". In anger, “X” went to her room and committed suicide. A) They were married for about 10 years and no quarrel had ever taken place between them, ) i Decide the criminal liability of “P” dealing with the rival contentions. (30 marks) 2@ °°, a blind by birth, is facing tial for commission of offence under Section 302 __ IPC, The prosecution closed its evidence and the matter was listed on 10.10.2019 for ®) © 8 eoonding X's statement under Section 313 of the CrPC. Before that, on 15.09.2019 “X” Erle eTreen snplication to supply copy of questionnaire in advance to enable him to fle | statement to understand the questions with a calm mind and to respssible if he was taken by surprise by i aris opposed by the prosecution sating represented by an advocate, The roceedings. a. completely and correetly which would putting questions spontaneously. The application 15 that the accused was present during tral a! purpose of the accused ifr moving the application delay th ae | im idence to the accused under | F Do that putting entire incriminating eviden t \ eal Section 313. ae ore . ‘a futile exercise when entire © idence is recorded in his \ presence. a ae _court_if on_ incriminating the appellate before the appellate tee the accused under Section 313 & What are the remedies L circumstance/evidence is not put 10 y ‘On 31.0018 eid aly of ale een by “R”, a forest 7 , in the forest. He informs the police. ‘The police records information regarding the finding of an unidentified body and its unnatural death. The post-mortem is ‘conducted on the next day. As he body remsined unidentified, it was buried in the burial ground after taking its photogaphs. = —OS=~*~“CS~*~S* m Subsequently an FIR is lodged sbout the murder of “22 ‘by fis wile of 20,11.2018 The reused is arrested and makes a confession of X°s murder. Pursvat © “Tis disclosure Statement, fe takes the poli spot where he hi » body. after X's murder in the forest. The dead body was ‘exhumed and second p Bichicted. During the course of inves ation, the procedure of super imposition of the Cae eee ee aedoneby «docir, air which the dead body was determined Se that oF "X™, The accused pleads that non recovery of corpus delecti is fatal and the Peseection has failed to esablsh deny of the dead body. a Discuss the permissibility and reliability of identification by super imposition test. Does DNA test in such cases stand on a different footing? (5 marks) ee ae . “At was the viotim of an attack on the night of 06.02.2009. He lodged an FIR withthe police and after necessory investigations, charge-sheet was filed before the court ag = accused for commission of various offences under the IPC. The Sessions Com aoquitted the accused by a judgment ond. 28,10.2013. Agerieved we thereby/A") preferred an appedl in the High Court under Section 372.af the CrPC. It was Zz dismissés being not maintainable, as the proviso to Section 372 of the CrPC came into the Statite 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 ease. State has preferred not to challenge the order of acquittal. “A” challenges the ie decision of the Hi; before the Supreme Court. Decide. ~ SSS Te ein of the High Cour < “A and “BY together enter into a shop of(home epplianced, r int ° ices) at OBs g open its window to commit thefl. A servant was sleeping inside th sft a Se een te aoe ip oF fTioise. When he confronted * ey committing theft, “A” apprehending threat to th "and “B" while they were SEA ea ihacbees teblo Wing ta the shop and sale te et d stabbed the servant)Both “A” himself, 7 and “B” ran (10 marks) a) a feged 25 yen), the police (On a complaint given by the mother of victim “A” (ags ‘yeti “A” supports the M / ees cher Sein RC Bin bes sMlegaions i her statement under Sesion 161 oi supper the Se allegations and ee ie C before fagistrate, iss gihasee claims that fam! before ven. 0. covour of eriminal_ offence ded, wherein she supplementary ee i eeesetion 161 of the CrPC was recone od, where Tati ed sr Section 164 irmed = je had ives en sateen under Section her inital version and claimed that 8 : es Seon i = mental condo jer Section 376 IPC. Whether Talleging offence files change-sheet against the accused alleging the Magistrate would We cognizance of te offence (10 marks) public servants for commission of Frile they were discharging Their figation established fole)of two accused person an Sia ageinar them after obtaining sanction (See Sector 7 atthe CHPC om the complet SOT, ‘The Magistrate iaok see of IGE oitence and summoned both fie wal accused persons to(face trial, ain, A the ca Guxing eviderss) tie poseuln wines depose about involversn Fe cof the thi G SD) Tos compliant moves application under Section 119-of the CxPC, contending that the "material 1s % f-sommon the third public servant as a SS eer ae coral 2 goes tat copnizanee 0 Tat cognizance of “offence” has already Been taken and bar under Section 197 of tt PC hot be applicable. Decide if the ‘additional accused, 8 public servant, ‘can be summoned by the magistrate considering the ons of Section 19Tof — have been levelled against tree A Allegations st eal 1d falsification of decounts offences of cheating, IPC, (40 marks) Uéhe court is satisfied that some material documents have been withheld by the a investigating agency and do not form part of the charge sheet, whether the accused can invoke Section 91 of the CrPC and seek their production? Docs it debar the court from summoning such documents and relying upon them at the stage of consideration of the charge? (10 marks) A Complainant “X” was owmer of a plot No. 5, She alleges that A-1} withthe aid of ‘an imposter. who by impersOnating as "X" created a power of attorney in his name as if de was erage agent. It was further alleged that using the aforesaid power of attorney, A-1 Spied fs atsfer the property of the complainant by executing a morigage deed in our of A-? for a sum of Rs.50,000/-. After getting i ‘about the aforesaid transaction, the owner of the property “X” gave a complaint to the police who registered A2 an FIR on 14" March 2015. After the completion of investigation, the police filed final _——~_ report jort under Section 420, 423 and 424 IPC against A-1 and A-2. (The e -omplainant nt died) be 7° after filing the complaint. ‘The Magistrate framed charges against A-1 for the offences punishable under Section 420, 423 and 465 IPC and against A-2 for offences under Sections 424 and 465 1PC read with Section 109 IPC. Both the sccused persons were tried and finally A-1 was convicted under Section 465 IPC and A-2 under Section 465 IPC read tion 109 IPC. Aggrieved by the said orders, the accused filed spas before the Sessions Court eee acianieal by: upholding ‘ction, Thereafter, the persons approached the High Court. The High Cour a acquitted the accused persons by setting aside the concurrent findings of the courts below. Dissatisfied with the judgment of the High Court, X’s daughter has filed an appeal before the Supreme Court. Whether she would eed Discuss Admitted position is that signatures of A-1 and A-2 were not found on the forged Acorsren’y, The-appellant has got back the property and mortgage deed thas been. celal by a competent cour The impose who exzued power of f attorney is not, | _ On 07.12.2009, “X” a police officer lodged an_FIR-alleging that o “gssociation with “B” was engaged in collection of monies from, different people on the: ; ise of jobs in the police. was arrested and one mobile phone was sei: from Tavestigating Officer wanted to verify whet Seapets ' Fail i ene ae ee eae” to and accordingly filed an app! the Magist He preying for summoning “B” to fhe-coun for recording his voice sample. The Magistrate by an order dated 08.01.2010 “Faued summons to “B” to appear before the Investigating Officer and to give his voice sample. 4 Diseuss the validity and legality of the order. (10 marks) we ‘The proseeution case is that on 10.01.2012, the petitioner married “X”. After one year of marriage, “X" was subjected to physical and mental cruelty on account of dowry ‘demands by her husband. On 14.09.2016, at midnight at about 02:00AM, itioner g her head against a conerete structure. *X” got injuries on her assaulted Ter by thrashing cfead In the MLC, f injuries wes opined as ‘simple’. On the complaint of “X”, an IR was register Fuga 498A JPC, Upon completion of investigation, the police RT ee ST IC. fi ae ; ? on of offence under S GoRRCIRS: Floweven, ply proved that on 14109-2016, the petitioner had caused! simple wife and wa liale to be convicted under Section 323 IPC. The Magistrate Gfter passing the judgmen} of conviction on 06.10.2016 and on that very day. passed a separate order stating that charge so framed was required to be diered and Seetton 3251PC was to be added in addition to Section 498A IPC. The trial court accordingly framed charge under Section 323 TPC and convicted the petitioner thereunder, The petitioner challenges ‘his conviction under Section 323 IPC. Decide. pes (20 marks) 12, Write short notes on any five of the following: 4 Ibject and evidentiary value of inquest report. 'b) Right of the victim to oppose bail in sexual offences. Ay Protest Petition — procedure to be followed. d) Cancellation of bail — relevant considerations. lication for recoding his confessional statement under an accused move an app! jon 164 of the CrPC? “Admissibility of finger prints and foot prints in evidence. ae is Plea Bargaining? At what stage can a case be referred for Plea Bargaining? ‘h) Power of the police to attach immovable property under Section 102 of the CrPC. (§x5=25 marks)