Delhi Mains Criminal law exam 2007


Q.  1  Distinguish between cognizable and non-cognizable offence, bailable and non=bailable offence, compoundable and non-compoundable offence; summary trial, summons trial and warrant trial.
Q.  2  Enumerate the coercive steps a Metropolitan Magistrate can take to ensure the presence of a witness or accused during the criminal trial.  How should he proceed if despite coercive steps, accused does not appear to face the trial.
Q.  3  What is plea bargaining?
In what cases plea bargaining is not available?
Q.  4  What is charge?
What should be the contents of the charge?
Under what circumstances a charge can be framed?
What is the effect of altering charge on the trial?
Q.  5  Ramesh, an Engineer earning Rs. 35,000 per month has deserted his non-working wife and two school going children who live with his wife’s parents.  She makes an application under section 125 of the Code of Criminal Procedure, 1973 for maintenance of herself and two children.  Ramesh has to maintain his old parents and invalid sister.  Decide her application.
Q.  6  (a)  Anita, aged 16 years, a domestic servant is caught red handed stealing Rs. 25,000 from drawer of house owner.  Her father moves a bail application before you.  Decide her bail application.
(b)  Raju and Sonu, aged around 20 years caught while they were fleeing after snatching gold chain of Mrs. Asha at knife point.  Chain and knife are recovered from them.  Decide their bail application.
Q.  7  (a)  Rahul, a boy aged 19 years allured Geeta 15 years old on promising of marrying her.  She elopes with him.  He had sexual intercourse with her consent on 2nd day of elopement.
What offence he has committed?
What would be the offence if he refuses to marry Geeta?
What would be the offence if he had sexual intercourse against her consent?
What would be the offence if Geeta’s age is 20 years and she gave consent for sexual intercourse on promise of marrying, but Rahul later refused to marry her?
(b)  Sangeeta aged 15 years is sought to be married by her parents against her wishes.  She runs away from her house and goes to Akshya, 20 years, whom she loves.  Akshay takes her to Bangalore.  On reaching Bangalore he is arrested on a complaint of Sangeeta’s father that she has been kidnapped.  Akshay is charged with kidnapping.  Write brief arguments either in favour or against Akshay’s conviction on charge of kidnapping.
Q.  8  Rajiv and Rajesh, two brothers live with their families in a jointly owned house.  The families used to quarrel, so they decided to partition the house and joint assests.  On 3rd September, 2007 both decided to meet for partition.  Both called their brother-in-laws at the time of negotiations.  Dispute arose between them over partition of house and assets.  Heated arguments ensued.  Rajiv got very angry and went inside the house and brought a Gandasa.  He attacked Rajesh and his brother-in-law.  Rajesh and his brother-in-law tried to save themselves and received injuies in the scuffle.  Rajesh snatched Gandasa from Rajiv and gave a Gandasa blow to him which struck abdomen of Rajiv, resulting into his death.
In the light of above facts,
What charge can be framed against Rajesh?
Write a judgment.