DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022

Duration:3 hours Maximum Marks: 200

CRIMINAL LAW

Important Instructions
(i) Please read the questions carefully and answer them as directed.

(ii) You are allowed 15 minutes time before the examination begins,
during which you should read the question paper and, if you wish,
highlight and/or make notes on the question paper However, you
are not allowed, under any circumstances, to open the answer sheet
and start writing during this time.

(ii) The answer to each question should begin on afresh page.

(iv) Support each ofyour answers with reasons, relevant legal provisions
and principles and also relevant case laws.

(v) Even if you do not know the answer, it is advisable to attempt as

much, as the test is not only of the knowledge of law but also of
analytical reasoning.

PART-I

Write short notes on anyfour out of the following six questions:

1. In a case involving two or more accused, is it permissible for the Court

to record their joint statement under clause (6) of sub section (1) of
Section 313 ofthe Code of Criminal Procedure, 1973 to save its time?

2 . When can the power under sub-scction (1) of Section 319 of the Code
qin of Criminal Procedure, 1973 to add and summon an accused can be
exercised by the court?

3Will the medical evidence in sexual offences favouring the accused

have any impact on the ocular testimony of the prosecutrix or other
material witness or evidence of a person to whom the prosecutrix
immediately after the incident narrated the facts?

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 4. Is there any presumption of correctness attached to the confessional
statement recorded under section 164 of the Code of Criminal
Procedure, 1973 by the Magistrate?

5. Consideration for awarding sentence to a convict.

6. The legitimate expectations of a victim of crime from the State.

(4x 10 marks = 40 Marks)

PART-II

Attempt any two out of the following three questions:

C a n an accused be convicted on the sole uncorroborated testimony of an
accomplice. Explain.
rn8. Defence of alibi and the burden of proof. Explain.

9. Is there any requirement of issuing notice to an accused before arrest in

commission of cognizable offences. Elaborate.

(2 x 20 marks = 40 marks)

36
PARTIII
Attempt any four out of the following six questions:

0.The marriage of 'A' & °B' was solemnised on 02.11.2016. The accused
was their immediate neighbour and wanted to marry 'A' and threatened
to kill her if she refuses. On 15.11.201l6 at about 04.30 PM when 'A
was sleeping, the accused entered her bed room with petrol in a Can and
threw petrol on her and set her on fire before running away.
A' came out of her crying engulfed in flames and upon
room
her cries, her husband B'(PWI), who was on the terrace, camehearing
down
and extinguished the fire and took her
to the LNJP Hospital. The
Medical Officer (PW15) opined that she had
suffered 100% burn
injuries. The I.O. recorded her statement in the presence of PW15. Later
on, PW15 declared the deceased fit to make statement when SDM
(PW19) also recorded her statement. Next day she succumbed to her
injuries.
 The accused was
arrested on the
the
accused got recovered the plastic Canday. On his disclosure to u e I.O,
same

from his home. On medical and a photo of the decease

found to have suffered examination
fresh burn
of the accused, he was ai

injuries his both hanas.

on

The accused contended that if

injuries, she could not have put the deceased had suffered 100%% burn
her left thumb
dying declarations and in case of a impression on both the
impression is taken. female, only the right-hand thumb

In his
cross-examination, the I.0. explained that the right thumb and left
hand of the deceased were burnt but the left thumb was safe.
Discuss the criminality of the accused.
. A' filed a criminal complaint u/s 138 of the
against Band her proprietary firmNegotiable
Act, 1881 Instrument
chegue dated 28.10.2016 of Rs. 1,92,000/- on for dishonour of_a
instructions. The "stop payment
complainant alleged that he used to supply wooden
material to "B"_and the said cheque was given to him by 'B'
material purchased vide Invoice no. 344 dated 28.10.2016. for'A'wooden
filed a
copy of invoice bearing some cutting thereon.

B' placed on record a copy of a letter dated (01.10.2016

her banker to the effect that she lost her blank addressed to
Kasturba Market where she had gone to signed cheque in
buy some goods and for stop
payment She also filed a copy of the complaint lodged with the Police
after 23 days\of having lost/her cheque in Kasturb Market and
given stop payment instructions to her banker. having
At the time of framing notice
u/s 251 CrPC, °B' replied that the cheque
was stolen by 'A' and she had no
liability as she had already filed a
complaint to the police.

The accused also filed an application beforethe MM under section

145(2) of the NI Act that in September 2016, the complainant in her
absence used to come to her office for business
purposes as they had
good business relations, and 'A' came to her õffice and stole the
cheque.
B' appeared as a witness and testified that the cheque in
question and
other cheques meant for payment to the suppliers
by her family
members used to be kept at her residence-cum-office as she used to
be
in the field most of the time. She admitted in her
cross-examination that
she was having a running account with the
complainant and had put the
date on the cheque in question.

Decide the criminal liability of the accused.

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 05.10.2019. 'B' ma
ade a
*B' was performed on
2 . T h e marriage
of 'A' and
01.00 AM to his father-in-
-law
26.09.2021 at about had to h
telephoniccall on
him that his wife 'A"
had fallen sick and the
(PW1) and
informed (PW5) reached
PWI and his daughter-in-law
taken to hospital.
unconscious condition.
They took
B' where they found A" in
home of "brought dead".
declared
where she was
her to a nearby hospital
his son had gone
statement to the I.0. as

PW1 refused to give any

abroad.

the mortem found that the deceased

post
M.O. (PW15) who conducted
suffered fracture nasal bone and injuries on her right temporal region
the
lower part of
apart from nail marks and abrasions on her cheeks and
nature.
back. He observed that the injuries were ante mortem in

PWIand PWS gave their respective statements to the 1.O. two days
after the incident. An FIR u/s 498A/304B/302IPC was registered
against the accused. As per the FSL report, the cause of death was 'due
to coma caused by cranio cerebral injury (head injury)by means of hard
blunt and forceful impact upon head'.

The defence of the accused is that (i) PW1 and PW2 gave their
statement to the I.O. two days after
the incident there was no (i)
evidence of demand of dowry and causing cruelty to the deceased by
him (i11) no weapon of offence was recovered from his home (iv) no
motive was imputed to him (v) casualty card of the Hospital did not
mention any injury on the body of the deceased
(vi) no guard was
deputed in the mortuary to protect ihe body prior to the post mortem
which was conducted after
two days.
In his statement u/s 313 Cr
PC, he stated that his wife was sick being
anaemic and fell down from the bed and suffered
that he and the deceased were alone in the injuries.
He admitted
home on the night
intervening 26/27.09.2021.

Discuss the criminality of the accused.

13. An accident took

place between a motorcycle and a Maruti car at about
10 AM on 18.03.2021.
The motorcyclist(PW1)
became
and a guard
posted at a nearby Farm House brought him onunconscious
the side of
the road and informed the
police.
The
motorcyclist was taken to a nearby Hospital in a PCR van. He
found to have suffered waas
fracture in his right leg and both the
hands apart from other wrists of his
injuries all over the body. An FIR was
under section 279/337/338
IPC against the Car driver. registered

D
 The
motorcyclist (PW1) deposed that he was
left side of the road
that accused was and when hereached neardriving the motorcycle on
driving his the VM Farm, he found
being played_inside the car car at very high speed and loud
collided with his which was audible outside music was
and his car
motorcycle. He lost his consciousness and
regained his consciousness after five when he
lying down on one side of the road minutes, he noticed that he was
Farm House. afterbeing brought by the guard of a

In his
cross-examination, PW1
stated that the
car on the wrong side of the road, however, heaccused was driving the
admitted the site plan
prepared by the I.O. (PW3) on his instructions
to be correct.
The IO testified that when he
visited the site after receiving information
of the accident, he found the
motorcycle parked on one side of the road
and car on the other side of the
road and accordingly he prepared the
Site Plan. The IO also
got conducted the mechanical inspection of both
the vehicles. The mechanical engineer found both the vehicles were
damaged from front side.

Discuss the criminal liability of the accused.

14On 10.06.2019 at about 2 AM, the complainant (PW2),aged about14

years heard the loud screaming of her mother and came down to the
room of her mother from the first floor. She found that the accused had
caught hold of her mother and was pouring kerosene oil from a plastic
bottle on her. Suddenly he set her on fire with a match stick. PW2
started crying loudly upon which her uncle PW3 came there from his
nearby house. In the meantime, the deceased told PW2 that the accused
wanted her to sleep with him to have physical relations with her which
sherefused. The accused fled away by jumping the wall.
The deceased was taken to- the LNJP HespitaB-where-the Medical
but
Officer (PW5) found that the deceased suffered 100% burn injuries
was fit to make her statement. The deceased made similar statement to
with him to establish physical
PW5 that the accused wanted her to sleep
relations and on her refusal, he poured kerosene oil on her and set her
deceased succumbed to her injuries
on fire with the match stick. The the case of the
thereafter. PW2 and PW3 supported
two days
prosecution. 2 do
ol
report ruled out smell of kerosenestate
he defence argued () the.FSL accused (iii) PW2 did
not
did
(11) finger prints match with the
not
extinguished by PW3 by putting a blanket
fire
the I.0. that the
was
to

(iv) it was a case of suicide.

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The accused did not explain in his statement u/s 313 Cr P C as to how
he suffered burn injuries on his person as his MLC recorded fresh burn
injuries.

Discuss the criminality of the accused.

The complainant A' and the accused 'B' entered into a Loan
Agreement on 01.05.2017 whereby the complainant 'A advanced a
loan of Rs. 2 lacs to the accused 'B'. The loan was to be repaid by 'B
onor before 31.12.2018. The complainant 'A' demanded the return of
the loan amount in the third week of December 2018 and to discharge
his liability, the accused 'B' handed over a cheque of Rs. 2 Lacs dated
26.12.2018 to_'A°'. The said cheque was dishonoured for insufficient
funds.

After giving notice to "B', the complainant 'A' filed the complaint
under Section 138 of Negotiable Instruments Act, 1881.

The defence of the accused were: (i) 'A had in fact advanced him loan
of Rs.1,76,000/- only and at the same time, he gave a blank signed
cheque to 'A' (i) there was no subsisting liability against him (tit) he
had given the cheque to 'Aas securkty

The recital of the Loan Agreement mentioned thatA' had agreed to

give a loan of Rs. 2 lacs to B on interest @ 2% per month. As per the
terms of the Loan Agreement, Rs.2 lacs included interest @2% per
month.

A' admitted in his cross-examination that he had provided a loan to "B'

by a cheque of Rs. 1,76,000/-and 'A' further voluntarily stated that he
had also paid cash amount of Rs. 24,000/- to the accused at that time.

Decide the complaint.

(4 x 30 marks = 120 marks)

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