SYMBIOSIS INTERNATIONAL UNIVERSITY (Established under section 3 of the UGC Act 1956) Re-accredited by NAAC with 'A’ Grade (0102)SYMBIOSIS LAW SCHOOL, NOIDA Programme: (010223 & 010224) BA LL.B & BBA LL. Batch: 2011-16,2012-17,2013-18,2014-19 Semester: VI Course: Law of Crimes Paper lil: Criminal Procedure Code lt Course Code: 0102230601/607/0102240601/607/ Date: 03/05/2017 Maximum Marks: 60 Day: Wednesday Time: 10:00 am~- 12:30 pm — Part- 1 (Objective Type Questions) 1) All questions are compulsory. 2) Each question carries two marks (Total 20 Marks) Q.1- Which among the following options is correct in relation to transfer of cases under the Code of Criminal Procedure, 19732 a) Convenience of the parties can be a ground for transfer of case, ») Court of Session has power to transfer eases from one district to another where both districts are situated in different States, ©) High Court has power to transfer cases from one State to ancther, 4) Supreme Court has no power to transfer cases, Q.2. Which of the following is not a ground for appeal against conviction? 4) Non-appreciation of material evidence, b) Legality of sentence passed, ©) Inadequacy of sentence, 4) Reversal of finding due to failure of justice. 23. Which of the following options is correct in relation to power of the appellate court in an appeal for enhancement of sentence? a) Appellate Court cannot reduce the sentence imposed by the wal court, b) Appellate Court can enhance the sentence imposed by the trial court to make it more. severe, ©) Appellate Court is bound to maintain the sentence imposed by the wial court, d) Appellate Court has no power to reverse the finding of the trial court.Q.4. In which of the following cases can an appeal be not preferred directly in the Supreme Court without certificate of the High Court? a) High Court on appeal has reversed the order of acquittal and passed a sentence of imprisonment of seven years, b) High Court has convicted an accused in a trial held by it in its extraordinary original criminal jurisdiction, ©) High Court has granted a certificate for appeal to the Supreme Court, 4) High Court on appeal has reversed the order of acquitial and passed a sentence of death QS. In which of the following cases does an appeal not abate on the deaih of the accused/appellant? a) Appeal for enhancement of sentence where the accused dies during pendency of appeal, D) Appeal against acquittal where the accused dies during pendency of appeal, ©) Appeal trom conviction where no leave to continue is preferred by appellant’s spouse, 4) Appeal from conviction where sentence of only fine is passed, upon death of appellant. Q.6. Which of the following is true in relation to limitation on appellate court'y power for ‘enhancement of sentence in appeal? a) Appellate Court can award any sentence without limitation, b) Appellate Court can reverse acquittal and then impose any sentence, ©) Appellate Court has power to maintain the sentence imposed by the trial court, d) Appellate Court can enhance sentence subject to power of court that passed the sentence under appeal. Q.7. Which of the following is not required to be mentioned in a judgement upon summary trial? 2) Detailed discussion on each piece of evidence, b) Substance of evidence, ©) Reasons for finding, 4) Finding of conviction or acquittal. Q.8. In a revision petition, the High Court cannot pass which of the following orders? a) Suo moto enhance the sentence, b) Dismiss the petition on the ground of non-availing the right of appeal, ©) Treat the petition as 2 petition of appeal if necessary in the interests of justice, 4) Pass an order to the prejudice of accused without sffording him or his pleader opportunity 10 be heard, Q.9. Which of the following is true in relation to appeals? a) Itisa statutory right, b) It isan inherent right, ©) Hcannot be dismissed summarily, 4) The appellant cannot be afforded opportunity to be heard before decision,Q.10. Which of the following is not true in relation to Vietim Compensation Scheme? a) Compensation cannot be awarded unless identity of the offender is known, 'b) Victims requiring rehabilitation can be beneficiaries of the Scheme, ¢) Different States have notified differing upper limits for amount of compensation for same offence, d) Compensation can be recommended even if case ends in acquittal.Part-II (Subjective Type Questions) Instructions: 1) All questions are compulsory. 2) Each question curries 10 marks (Total 40 Marks) QU. “Appellate Court has full-fledged powers to review evidence in an appeal against acquittal, Discuss the correctness of incarrectness of this statement per the Code of Criminal Procedure, 1973 in light of precedents. oR Q.1. Mr. Parrot is accused of having caused grievous hurt to two mien in order (© commit robbery, The trial court fremed charges under Section 397 of the Indian Penal Code, {860. Whew ons of the victims succumbed to the injuries, charge under Section 304 of thie Iadiau Pesil Code, 1850 was added. The trial court acquitted Parrot of the charge of 304 IPC, however. convicted him for the offence of 397 IPC and sentenced him to seven years rigorous imprisonment. The ‘appellate court in an appeal preferred by Parrot against his conviction reversed the decision of the trial court by convicting him for the offence of 304 IPC and sentencing him to life imprisonment. The conviction and sentence for offence of 397 IPC was maintained. Discuss the Comectness or ineorreciness of the decision of the appellate court per the Code of Criminal Procedure, 1973 in light of precedents. (Q.2. Mr. Peiral is serving Principal of AT Technical College and is accused of having induced hnundreds of students to take admission in his college on the pretext of guaranteed government Jobs upon suecessful completion of courses therein. It is alleged that he boasted of having years of experience basing his claim on certificates which were laier found to be fake. Allegations of ‘accepting cash in liew of admission are also levied on him, The trial court vide its judgement and onder dated 15.02.2017 conviets him for the offences punishable under Section 420, 468, 471, IPC and sentences him to seven years rigorous imprisonment. Fearing that he may lose his job and also prospects of employment in government universities, Petral prefers an appeal from the said conviction along with an application for suspension of his sentence and conviction under Section 389 of the Code of Criminal Procedure, 1973. Since the offence is serious in nature and Tooking at the magnitude of impact his acts have had, the Public Prosecutor opposes the 389 2) Which court is empowered to hear Peiral’s application under Section 389 per the Code of Criminal Procedure, 1973? Mention the provision of law as well. (2 Marks) b) Can Petral’s sentence and conviction be suspended pending appeal? Give reasons for your answer. The answer should inelude discussion on relevant provisions of the Code of Criminal Procedure, 1973 and case-laws. (5 Marks) ©) Would your answer differ had AT Technical College been a goverment college? Give reasons, (3 Marks) ORQ.2. a) Discuss the powers of an appellate court to summarily dismiss appeals under the Code of Criminal Procedure, 1973 (5 Marks) 1b) Ms. Cuckoo was driving her SUV above the speed limit on a highway connecting Delhi and Meerut when she received an urgent call on her mobile phone, While she was attending the call, hher car hit a motorcycle on its rear side. Consequent to the hit, the man driving the motorcycle Jost control of his vehicle and fell on the road. He received severe head injuries and succumbed to them a few days later. Ms. Cuckoo was found guilty of causing death by a rash and negligent act under Section 304A of the Indian Penal Code, 1860. Decide, with the help of case laws and relevant provisions of the Probation of Offenders Act, 1958, if Cuckoo can be released on probation. (5 Marks) Q.3. Ms, Pigeon works as a cleaner at Hi-Profile Company. Looking at her good record and seven years of diligent work, Ms, Pigeon wes promoted and made In-charge of the Store with responsibility for stocking cleaning supplies. The promotion made here powerfull as well as greedy. She started stealing. few, supplies like. floor cleaning products, tissues, etc., cach week and selling the same privately. However, only after two weeks, her supervisor cauglit her carrying few products that bore company’s stamp, outside office without any reasonable explanation for the same. CCTV footage also showed her taking the supplies from the stock kept in Store. FIR No. 626/2016 was registered at the company’s instance ai Noida Sector 24 Police Station. To prove Pigeon’s guilt, the prosecution relied on the CCTV footage, the supervisor's statement, recovery cf goods from Pigeon and the Inventory list of office supplies which showed discrepancy as to stored supplies and available products. The prosecution also relied on the fact that only Ms. Pigeon had access to the Store's keys. During the trial, Pigeon tendered written apology to her supervisor and prayed to retain her job. She also produced this letter as evidence, along with her good conduct certificates. One of her colleagues deposed before the couct regarding Pigeon being a diligent worker. The trial is concluded, Draft a judgement, including an order on sentence, as pronounced by the suitable forum, per the Code of Criminal Procedure, 1973. OR Q3. Discuss the scheme of probation, with special reference to powers of the Court, under the Probation of Offenders Act, 1958. Also discuss how this scheme is different from that under the ‘Code of Criminal Procedure, 1973. Q.4. On 30" March, 2017, Mr. Nadaan Vanshdhar and Mr. Sayana Vyask were arrested by the police for committing the offence of rape upon Ms. Kanya Kishori. The offence is alleged to have been committed on 30” March, 2016, a year prior to the said arrest. Neither of them raised ‘any question on their age before the police; bath seemed to be child in opinion of the police officer; hence, bail was granted by the police officer with direction to appear before the Juvenile Justice Board, Abhiyuktpuri, New Delhi on 31" March, 2017. This bail was granted in light of Section 12 of the Juvenile Justice Act, 2015 which empowers the police to grant bail even in non-bailable offences. It js important to mention here that rape is 8 non-bailable offence. Mr. Sayana Vyask jumped bail and failed to appear before the Juvenile Justice Board on 31% March, 2017, As directed, Mr. Nadaan Vanshdhar appeared before the Juvenile Justice Board. In the opinion of the Juvenile Justice Board, Mr. Nadaan Vanshdharseemed to be juvenile on the date of commission of offence though he seemed to be adult on the date of his appearing before the Board. In light of above facts and in light of Juvenile Justice Act, 2015 read with relevant provisions of Code of Criminal Procedure, 1973 answer the following questions: 1. Suppose, an inguiry is conducted by the Board on conduct of the police officer who had given bail to Mr. Nadaan Vanshdbar though he (Mr. Nadaan Vanshdhar) did not seem to be child on the date of his apprehension, i., on 30" March, 2017, and it is established that the said police-officce committed mistake in judging probable age of Mr. Naciaan ‘Vanshdhar; can it be said that the said police-officer anywhere violated the provisions laid down under the Juvenile Justice Act, 2015? (2 Marks) TE. Suppose, Mr, Sayana Vyask is arrested by the potice and is produced before the Juvenile Justice Board on 1% April, 2017. And, in the opinion of the Board. he seems to be juvenile on the said date. Discuss the procedure to be followed by the Juvenile Tustice Board in respect of both the persons, Mr. Nadaan Vanshdhar and Mr. Sayan Vyask (8 Marks) OR Qa. Discuss the relevancy of following three cases decided by the Supreme Court of India, “Ashwani Kumar Saxena v. State of M.P., Hari Ram ~. State of Rajasthan, and Jitender Singh @ Babloo v. State of Unar Pradesh in preseat day circumstances when the said cases were dealt ‘with the Juvenile Justice Act, 2000, not with the Juvenile Justice Act, 2015. In light of said cases, answer the following questions: 1. What is/are that/those relevant issue/s that was/were dealt by the Supreme Court in the said cases that have relevancy even in the Act of 2015? Discuss in detail, (2 Marks) Tl. Discuss the ratio laid down by the Supreme Court in said cases when it reiterated the law enshrined in the Act of 2000 which is laid down in-verbatim in the Act of 2015 (3 Marks) TIL, In light of relevant provisions ftom Code of Criminal Procedure, 1973 challenge the constitutional validity of the law laid down in the Act of 2015 and re-iterated by the ‘Supreme Court in above said cases. (5 Marks)