Rajasthan Judicial Service Main

Rajasthan Judicial Service Main Examination solved question paper to enhance your preparation. Get valuable insights and practice with past questions and their solutions for better exam readiness.

Q.1. Where and who can file an application for anticipatory bail?

Ans. When any person has reason to believe that he may be arrested in a non-bailable offence, he may apply for anticipatory bail to High Court or Sessions Court. [Section 438]

Q.2. When a report given by a police officer becomes a complaint?

Ans. A report made by a police officer in a case which discloses, after investigation, the commission of non-cognizable offence shall be deemed to be a complaint. [Section 2(d), Explanation]

Q.3. What is difference between discharge and acquittal?

Ans. Release of accused before charge is a discharge, whereas, his release after charge, on merits, is called acquittal.

Q.4. If an accused of a murder case is running in order to evade his arrest, can a police officer fire on him to effect his arrest? If yes, whether the police officer is entitled to cause death of the accused?

Ans. If such accused forcibly resists the endeavour to arrest him, the police officer has a right to open fire and cause his death. [Section 46 (2) and (3)]

Q.5. Under what circumstances, a private person may arrest any other person?

Ans. When in the presence of private person, any other person commits a non-bailable and cognizable offence or he is a proclaimed offender. [Section 43]

Q.6. When there is any error or omission in stating either the offence or the particulars required to be stated in the charge, then what will be its effect?

Ans. No such error or omission in the charge is material, unless accused was in fact misled or it occasioned in failure of justice. [Section 215]

Q.7. How a “person” has been defined in the Indian Penal Code?

Ans. The word “person” includes any company or association or body of person, whether incorporated or not. [Section 11]

Q.8. When any act causes very slight or trifling harm to another person, why such act is not an offence?

Ans. Because that harm is so slight that no person of ordinary sense and temper would complain of such harm. [Section 95]

Q.9. A’ instigates ‘B’ to commit murder of ‘C’, whereas ‘B’ refuses to do so. Whether ‘A’ has committed any offence?

Ans. ‘A’ is liable for abetment to commit murder, because it is not necessary that the act abetted should be committed. [Section 108, Explanation 2]

Q.10. ‘A’ commits sexual intercourse on his wife ‘B’, aged 16 years, without her consent. Whether the accused is guilty of rape?

Ans. Since, age of ‘B’ is more than 15 years, ‘A’ is not guilty for committing rape on ‘B’. [Section 375, Exception]

Q.11. When robbery becomes a dacoity?

Ans. When five or more persons conjointly commit or attempt to commit a robbery, it becomes a dacoity. [Section 391]

Q.12. ‘A’ enters the residential house of ‘B’ without his permission for giving invitation- card to him. Whether ‘a’ has committed any offence? If yes, what offence?

Ans. Since, the intention of ‘A’ was not to intimidate, insult or annoy or to commit any offence, he committed no offence. [Sections 441 and 442]

Q.13. When the previous bad character of accused person in criminal proceedings becomes relevant?

Ans. In criminal proceedings, bad character of accused is irrelevant unless evidence has been given that he has good character, then it becomes relevant. [Section 54]

Q.14. What is meant by ‘leading question’? Whether leading questions can be asked in re-examination?

Ans. Any question suggesting answer which the person putting it wishes or expects to receive, is called “leading question”.

In re-examination, leading question cannot be asked if objected by adverse party, without permission of Court. [Sections 141 and 142]

Q.15. ‘A’, a husband, makes a confession of having committed murder of ‘C’ before his wife ‘B’, relating to which, ‘A’ is being prosecuted. In the criminal proceeding, ‘B’ gives evidence regarding the confession made by her husband ‘A’. Whether relating to the confession of ‘A’, evidence of ‘B’ is admissible?

Ans. Such evidence can neither be permitted to disclose nor admissible, because communication relating to confession was made by husband to his wife, during marriage. [Section 122, Indian Evidence Act, 1872]

Q.16. When the public is bound to assist Magistrate and Police?

Ans. Every person is bound to assist Magistrate or police officer reasonably demanding his aid:

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property. [Section 37]

Q.17. When a Police Officer can arrest a person without warrant?

Ans. In the following circumstances, a police officer can arrest without order or warrant of the Magistrate any—

(a) person concerned with any cognizable offence;

(b) person in possession of implements of house-breaking without lawful excuse;

(d) person obstructing a police officer on duty, or person escaping from lawful custody;

(e) suspected deserter from Armed Forces;

(f) person committing any act at a place out of India, which, if committed in India would have been punishable as an offence;

(g) person, being a released convict, commits a breach of any rule under Section 356 (5):

(h) person for whom requisition for arrest has been received; or

(i) suspected person of having received the stolen property. [Section 41]

Q.18. Except the cases of conviction, under what circumstances, by whom and against whom, order may be passed for keeping peace and executing the bond, with or without sureties?

Ans. When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do wrongful act that may probably occasion a breach of peace or disturb public tranquility and is of opinion that there is sufficient ground for proceeding, he may require such person to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. [Section 107]

Q.19. In which matters, an accused is entitled to get legal aid at the State-expenses?

Ans. Where in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expenses of the State. [Section 304]

Such accused are entitled to get legal aid at State-expenses in the pending cases before any Court. [Articles 21 & 39-A, Constitution, and Rajasthan Legal Aid Rules, 1984]

Q.20. When the right of private defence of property extends to causing death?

Ans. In the following circumstances, right of private defence of property extends to causing death —

(i) Robbery;

(ii) House-breaking by night;

(iii) Mischief by fire committed on any building, tent or vessel, which is being used as a human dwelling, or as a place for custody of property; and

(iv) Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be consequence, if such right of private defence is not exercised. [Section 103]

Q.21. While returning from the office, when ‘A’ and ‘B’ heard that Smt. Indira Gandhi had been killed, they cried. “Khalistan Zindabad” (Slogan). Whether they had committed offence of sedition?

Ans. The case of ‘A’ and ‘B’ does not come within the ambit of sedition, because by simply crying “Khalistan Zindabad”, it does not disturb public order. It also does not excite disaffection, hatred or contempt towards the Government established by Law. There is neither threatening to the -Government nor does it excite hatred, or feeling of enmity between several groups of persons. [Section 124-A]

Q.22. ‘A’ allows his friend ‘C’ to commit sexual intercourse on his (A’s) wife ‘B’ without her consent. What offence has been committed by ‘A’?

Ans. ‘A’ is guilty of abetment to rape, because husband ‘A’ has no right to allow his friend ‘C’ to commit sexual intercourse on his (A’s) wife ‘B’ without her consent. If ‘C’ commits sexual intercourse on ‘B’ without her consent, his act will come within the ambit of rape. [Sections 376 & 497 read with Section 108]

Q.23. ‘B’ had invited ‘A’ at his farm-house for dinner. After taking dinner, A’ removed the spoon of gold from the dining table and kept it under the carpet with such intention that after sometime, while returning, A’ would carry that spoon with him. For what offence is A’ liable?

Ans. ‘A’ is guilty for committing offence of theft, because ‘A’ has dishonestly removed the moveable property (spoon) from the possession of ‘B’.

It is noteworthy that for the offence of theft, it is not always necessary to remove the moveable property permanently. However, even if moveable property is dishonestly removed from one place to another temporarily, offence of theft is made out. [Section 378]

Q.24. What is difference between “disproved” and “not proved” according to the Indian Evidence Act?

Ans. A fact is said to be disproved when the Court, according to its discretion, believes that certain fact does not exist.

Q.25. Who are competent to give evidence?

Ans. All persons shall be competent to give evidence unless the Court considers that they are prevented from understanding the question put to them or from giving rational answers to those questions, by their tender or extreme old age, disease of mind or body etc.

Part ‘C‘

Q.26. ‘A’, a youth, develops his intimacy with a minor girl ‘B’. Parents of ‘B’ send her away. ‘B’, by a telephonic communication, asks ‘A’ to reach at the waiting room of the railway station and to save her from her parents. ‘A’ meets ‘B’ in the aforesaid waiting room. For sometime, they live together. Whether ‘A’ kidnapped ‘B’ from the lawful guardianship of her parents? Give answer with reasons.

Ans. ‘A’ did not commit kidnapping or any other offence.

So far as kidnapping a minor woman from her lawful guardianship is concerned, for the commission of such offence, all of the following factors are necessary;

(i) A person takes or entices any minor under 16 years of age if a male or under 18 years of age if a female, (ii) out of the keeping of the lawful guardianship of such minor, without the consent of such guardian.

In this question, accused ‘A’ never took or enticed ‘B’ nor due to instigation by ‘A’, ‘B’ was taken away. ‘B’, by her own will, without consent of her lawful parents, reaches at the waiting room of the railway station leaving the lawful guardianship of her parents and from there, she herself calls ‘A’ by telephonic communication to meet her at the waiting room and to save her from her parents, where ‘A’ and ‘B’ both live together.

Hence, ‘A’ cannot be held liable for kidnapping a minor girl ‘B’ from the lawful guardianship of her parents. [Section 361]

Q.27. ‘A’ apprehends that ‘B’ may cause his death by magic. In order to save himself from the effect of magic, ‘A’ causes death of ‘B’. Whether ‘A’ has committed any offence? If yes, which offence? Explain, giving reasons.

Ans. For the matter in question, ‘A’ is guilty of murder and he is not entitled to take benefit of the exception provided under Section 100, Indian Penal Code.

According to Section 100, IPC, when such an assault reasonably causes the apprehension that death or grievous hurt will otherwise be consequence of such assault, then only the right of private defence of the body extends to voluntary causing death of any other person.

In this case, the apprehension of danger is not at all reasonable, because such apprehension is remote and imaginary. ‘A’ apprehends that ‘B’ may cause his death by magic. Since, the apprehension of danger of death is neither reasonable nor instant, but is remote and imaginary, it cannot even be deemed to be a reasonable apprehension.

Therefore, ‘A’ cannot get the benefit of the right of private defence of his body and he is guilty for the offence of murder.

Q.28. What is meant by cross-examination? What are its objects? Whether a party can cross-examine his own witness? If yes, under what circumstances?

Ans. The examination of a witness by the adverse party shall be called his cross- examination. [Section 137]

The objects of the cross-examination are to separate truth from falsehood and to know about the credibility, purity and truthfulness of the evidence. The evidence is considered to be valid only when opportunity of cross-examination is afforded to the adverse party.

The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. Meaning thereby that for cross-examining his own witness, permission of the Court is necessary. [Section 154]

For granting permission to the party to cross-examine his own witness, the Court should be satisfied that the witness has retracted from his pervious substantial statement; he is not speaking the truth; and there appears ‘hostile’ attitude from his evidence. In these circumstances, it becomes necessary to grant permission to the party to cross-examine his own witness, in order to know the truth.

Q.29. ‘A’, who is in custody in a case for causing murder of ‘B’, writes a letter to his mother. On the request of ‘A’, a police guard promises ‘A’ that he will drop letter of ‘A’ in the post-box. But, he in place of dropping it in the post-box, gives that letter to the Public Prosecutor. The Public Prosecutor presents that letter in the Court, in which confession of ‘A’ relating to causing murder of ‘B’ by ‘A’ was written. Explain, giving reasons, whether this confession is admissible in evidence?

Ans. According to Section 29, Indian Evidence Act, 1872, a confession is relevant, admissible and valid, even if it was made (i) under a promise of secrecy, (ii) in consequence of deception practiced on the accused person, (iii) he was drunk, or (iv) it was made in answer to questions which he need not have answered. In the matter in question, although the police-guard practiced the deception for obtaining confession of accused ‘A’, yet this confession is admissible in evidence.

Q.30. When and who can withdraw the prosecution of criminal cases? Explain, giving illustrations.

Ans. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, —

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;

(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences —

If the cases were investigated by the Delhi Special Police Establishment or the Central Government and the Prosecutor in-charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

Without consent of the Court, prosecution cannot be withdrawn. [Section 321].

If the complainant has sufficient reason to withdraw his complaint, the Magistrate may give consent to withdraw it and the accused will be acquitted. [Section 257]

The act of withdrawal of the prosecution should be in the interest of administration of justice and it is a judicial act. [Madhav Rao Scindiya v. State of M.P., 1994 JLJ 36]

Only the Public Prosecutor is the competent officer to withdraw the prosecution. Court should see as to whether the consent to withdraw it should be given or not, keeping in view the extensive interest of the justice, public administration and public peace. [Hariram Singh v. State of M.P., 1994 JLJ 117]

Before giving its consent to withdraw the prosecution, the Court should see that duty of the Court is to protect administration of criminal justice and also to see that the Executive is not misusing its powers. [Matter of Rajendra Kumar Jain, (AIR 1980)]

Q.31. Charge against ‘A’ is that on the request of ‘D’, he had cut the hand of ‘D’ and caused grievous hurt to him, so that ‘D’ may get benefit of the aid which is being given to disable person. Keeping in view the above facts and circumstances, prepare a draft of the application for the bail of ‘A’.

Ans. In the Court of the Judicial Magistrate First Class, Banswara (Raj.) Criminal Original Case No. ………../2007.

‘A’ s/o ‘B’, by caste ‘C’, aged 20 years, resident of Civil Lines, Banswara

………. Applicant-accused.

Versus

State of Rajasthan……………… Non-applicant.

Application under Section 437, CrPC

Sir,

The accused-applicant prays as under:—

(1) That on 02.03.2007, the S.H.O., Police Station, Kotwali, Banswara arrested the accused-applicant in the campus of Government College, Banswara.

(2) That the accused is innocent and he has been falsely implicated.

(3) That the accused in a cancer patient.

(4) That the accused had neither selfish motive, nor mala fide or criminal intention. Whatever act was done by the accused, it was done on the request of ‘D’ and that too for his benefit. The accused did not voluntarily cause grievous hurt to ‘D’. Injured person ‘D’ is a major person, who is entitled to given his free consent for his own benefit and after giving such a free consent, ‘D’ has lost all of his rights regarding prosecution of the accused-applicant. Therefore, prima facie, a case under Section 326, IPC, is not made out against the accused.

(5) That the father of the accused had died only three days back and he is the only person to look after his old widow mother.

(6) That if the accused is sent to jail, there is apprehension that in the company of habitual offenders, it will adversely affect his conduct.

(7) That there is neither any possibility that the accused will tamper with the witnesses nor will he abscond.

(8) That the accused is ready and willing to furnish bail and bonds.

It is, therefore, prayed that while accepting the application, the accused be released on bail.

sd/- ‘A’

Banswara Accused-applicant

Dated ………………..

Q.32. ‘A’ invites ‘B’ at his residential house and makes him to drink wine, and thereby ‘B’ is intoxicated. With intention to kill ‘B’, ‘A’ attacks ‘B’ with a sharp-edged weapon, so that ‘A’ can usurp the property of ‘B’. But ‘E’, ‘C’ and ‘D’ come there to save ‘B’. ‘C’ wants to file a first information report before the competent police station. You are asked to prepare its draft.

Ans. First Information Report

To,

The SHO,

Police Station…………………….., ……………………..,

Sub:—F.I.R. against the accused for offences relating to attempt to murder etc.

Sir,

The applicant begs to lay down the following lines:—

(1) That accused ‘A’ s/o ‘X’ by caste______________ , resident of_________ , is real brother- in-law (gainer) of injured ‘B’ s/o. ‘G’ by caste_________________ , resident of__________ .

Accused ‘A’ is a greedy person, who wants to usurp the agricultural land of ‘B’ being Khasra No. ________, situated in ________ Tehsil _________.

(2) That ‘A’ invited ‘B’ today for dinner at his residence in the evening. So ‘B’ reached there at about 7.30 p.m. ‘A’ asked ‘B’ to execute a gift-deed in his favour pertaining to the aforesaid agricultural land, for which ‘B’ flatly refused.

(3) That in spite of refusal of ‘B’, ‘A’ before dinner, made ‘B’ to drink liquor, by which ‘B’ was intoxicated.

(4) That ‘A’ again asked ‘B’ to sign then and there on the gift-deed, which was already got prepared by ‘A’. When ‘B’ again refused to do so, ‘A’ brought a ‘Rampuri’ knife from his store and voluntarily caused a hurt making target of the chest of ‘B’ with intention to cause his death. But, since ‘B’ raised his right hand, it caused injuries on the right wrist and palm of ‘B’, which began to bleed. On seeing the occurrence and hearing cries of ‘B’, ‘E’ wife of ‘A’ came there and tried to save and rescue ‘B’. Then she began to weep loudly.

(5) That on hearing of hue and cries of ‘B’ and ‘E’, witnesses ‘C’ and ‘D’ reached at the place of occurrence. They both saw that ‘A’ had a blood-stained ‘Rampuri’ knife in his hand and there were injuries on the right wrist and palm of ‘B’, from which blood was oozing on the carpet and floor of that house. ‘C’ and ‘D’ took ‘B’ in that very intoxicated and injured condition in Taxi No. ………… to Govt. Hospital, ________ and ‘B’ was admitted there.

(6) That whole of the occurrence was seen by ‘E’, who also tried to rescue her inured brother ‘B’ from her husband accused ‘A’, but in spite of that, accused caused the aforesaid injuries to ‘B’.

(7) That accused ‘A’, whose motive was to dishonestly usurp the agricultural land of ‘B’, with intention to cause death of ‘B’, voluntarily caused aforesaid injuries with deadly and sharp-edged weapon.

(8) That after admitting ‘B’ in the hospital, this report is being presented today, at 11.00 pm.

(9) That the occurrence had happened within the jurisdiction of this Police Station.

It is, therefore, requested that the case under Sections 307 and 326, IPC, be immediately registered against the accused ‘A’, and after completion of the investigation, challan may be filed in the competent Court; and the accused be got punished by the Court with severe punishment.

Applicant

sd/-

Place: _________, ‘C’ S/o,

Dated: ___________, 2007 by caste_____________ , r/o_________ .