University of Delhi 2010 L.LB General lb-104 criminal law-i nc - Question Paper

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2.    Insisting upon the existence of mens-rea to punish persons for violation of Public welfare legislations may frustrate the purpose of these Acts and the object for which they have been enacted. Comment in the light of decided cases in India.

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3. (a) During rainy season all employees used to hang their Umberallas in a stand meant for it. A also hung his Umberella. While leaving, A took the only Umbrella left in the stand thinking that it is his own, but in fact it was of Y. Can A be prosecuted for the offence of theft or not. Give reasons to substantiate your answer.

(b) X tried to assult *Y with a dagger. Y caught hold of him and said the matter will be reported to police. X retorted to Y with the words, that it can happen only if you are alive and inflicted blow on Y and killed him.

While prosecuting X for murder he takes the plea of Paranoia. Will X succeed or not.

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4. (a) Explain the concept of Right of private defence.

State the circumstances in which right of private defence of property extends to the causing of death of an assailant.

(b) During a foot-ball match fight took place between members of two teams. Mr. X the member of team A received n-umber of injuries. X shot at the assailiants of the opposite team (B) however the bullet hit an innocent person (T) a bystander killing her.

In the prosecution case X takes the plea of right of private defence. Can he succeed.

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5. (a) The essential distinction between Section 34 and 149 of Indian Penal code is between participation and membership respectively. Discuss.

(b) A, B, C and D attacked E a lady who was allegedly having illicit relationship with X. A inflicted an injury on the backside of E near her shoulder with a weapon uttering words die with this. B gave blow with a gandasa on-the right side of the head while C and D gave blow on the neck. Thereafter, all ran away E died on spot. Medical examination confirmed death due to head injury.

While ail four (A, B, C and D) are being prosecuted for causing death to E. C and D take the plea that injury caused by them is not fatal hence should not be held liable for death of E along with others.

Is the plea of C and D acceptable as per law, if not, give reasons.

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6. (a) Mr. P a manager of a Transport Firm in collusion with a spareparts dealer attempted to show false delivery of spare parts to his firm by forging the signatures of his Managing Director on the invoice after which it will be presented for payment. Mr. P was caught when he himself had not signed the challan evidencing receipt of goods.

Mr. P is being prosecuted for offence of attempt to cheat under section 420 read with 511 of Indian Penal code. Will the prosecution succeed, give reasons.

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(b) It is not necessarily the penultimate act towards the commission of an offence which makes a person guilty of attempt to commit that offence, but the act must be one which the offender has committed during the course of the commission of that offence. Comment in the light of Supreme Court decisions.

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PART II (WT n)

7. (a) Constitutional Mandate pertaining to right of an accused person have been fully incorporated in procedural law of the land and followed by courts. Discuss.

(b) What is inquest ? When is it made ? Point out the changes made to it by Criminal Procedure Code (Amendment) Act, 2005.

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8. (a) Bail in non-bailable offences is mostly disereationary hence it is required to be exercised with great care and caution by balancing valuable rights of liberty of an individual and the interest of the society in general. Discuss.

(b) Can the statement of a witness before investigating officer be used as evidence ? Comment.

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