Oct2007crl

HIGH COURT OF ANDHRA PRADESH:: HYDERABAD

WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF JUNIOR CIVIL JUDGE UNDER GENERAL RECRUITMENT

CRIMINAL LAW

28th OCTOBER, 2007

TIME: THREE 13) HOURS                                               MAXIMUM MARKS: 100

(02.00 PM TO 5.00 PM) INSTRUCTIONS

1.     Questions Nos. 1 8s 2 are compulsory.

2.     Candidate shall answer (8) other questions from out of the remaining (11) questions.

3.     All questions carry (10) marks each.

4.     Questions shall be answered in English only.

5.     Write your Roll Number only in the space provided on the first page of the answer book.

6.     Do not either write your name or put your roll number/any mark anywhere in the answer book/additional sheets, if any.

7.     Any attempt by the candidate to disclose his/her identity in any manner in the answer sheets will disqualify him/her.

8.     No candidate will be permitted to leave the examination hall before 02.30 pm.

5 marks each

1. a)     Who are the persons that can file petition under Section 125 Cr.P.C., for maintenance and against whom, and what is the procedure to be adopted by the Magistrate and what is the maximum amount of maintenance that can be awarded thereunder?

b)     How an order passed under Section 125 Cr.P.C, can be enforced?

5 marks each

2.   (a) When can a Court take cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act?

(b)   Whether the Directors of a Company can be prosecuted for an offence committed by the Company under the Negotiable Instruments Act?

3. What are the general exceptions enumerated in Chapter IV of the Indian Penal Code? Explain.

5 marks each

4. (a) Whether a Criminal Court can review its judgment or order, after it is signed? Explain with reasons.

(b)   Explain the difference between 'acquittal' and 'discharge'.

5 marks each

5. (A)   What is a leading question and when it cannot be asked?

   (B)    What is the evidentiary value of the report of the test

identification parade prepared by a Magistrate?

2 marks each

6. Write short notes on

(A)   Affray

(B)   Adultery

(C)   Cognizable offence

(D)  Extortion

(E)  Robbery & Dacoity.

5 marks each

7.           (A) How confessional statements are to be recorded by the

Magistrate and what are the precautions to be taken by the

Magistrate before recording the confessional statement?

(B) What are the essentials for recording of the dying declaration and what are the precautions to be taken by the Magistrate while recording it?

8.           Can a Criminal Court issue process against a person who has

not been arrayed as an accused in the charge sheet and if so, in

what circumstances and at what stages?

5 marks each

9.           (A) Write short notes on the three presumptions enumerated in

Section 4 of the Indian Evidence Act.

(B) Explain the principles of double jeopardy with reference to the relevant provisions in the Cr.P.C.

5 marks each

10.        (A) When can police arrest a person without a warrant?

(B) What is the sentence of imprisonment that can be imposed in default of fine?

5 marks each

11.        (A) Gopal, while going on a journey entrusts his gold chain to

Venu till his return. Venu sells away that gold chain. What

offence, if any, can be said to have been committed by Venu?

Explain with reasons.

(B) Is threatening any person to give false evidence an offence. If so what punishment can be imposed against him?

12.             Write an essay on 'plea bargaining'.

13.            Whether the following offences are compoundable? If so, by whom? 306, 309, 324, 326, 351, 441, 497, 498, 500, 504 and 508 of IPC.

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