Rajasthan High Court Civil Judge 2018: Civil Judge Cadre, Main Examination, Law Paper II
Text of page 2
against the
Note: Attempt all questions Marks of each question are mentioned
question.
Ti tt
clz: s{r< crdf d sfl flffirnho r:{ d fuc MRd 3i6 ssd sqer sfao ft'-d
euestion No.1 [03 Marksl
goes to
Dinesh. a Hindu tndian citizen, whose wife and daughter reside in lndia'
Australia for business and after obtaining citizenship of Australia' marries an
Australianwoman.WhetherDineshcanbeprosecutedforbigamyonreturninBlndia,
by his first wife? Explain with relevant provisions of law'
qYi ggfi I
fri:r. qo ftq {rr.ftq {FrR6. fiffrqtl 'rd a g* qnd d {6t t. qrcR tg
qFfat t fome or
anrlfuql wm t orn {6i 6t qFTfifar srR ?F{i d qlE (6 3TreFafi
d-m l r Eqr Hsr 6) qt{d qrqs w s.tr61'qqq cd
gm EfosrE fu erftuifut fuw w
e-cm t? fifr d qw,ro waur'il sffa w"e dlltri t
question No.2 [03 Marks]
Babli, the girl friend of Bunti, gifts her father's laptop to Bunti Bunti knows
that it is her father's laptop. Bunti, without trying to know, whether Eabli's father has
authorized her or not, takes away the above laptop.
Have, Babli and Bunty committed any offence? Explain with relevant
provisions of law.
sYq q'@I 2
"iff ol 'rc{ Ss ffifi. sTqi ftor or Mc {a
6t fiTce +r ?fr t t tid ol um
Mq arlrsS ftar or dql sld tt iiA. ft-cr {-d i ni a,r r{ns foi fu crfr o) sctd
trdr i qrfuCd fuqr t qr r€t. so M'q tot +m rrrm t t
aqr qEff q ti8 rr<r +l{ 3{(r{rv f}qr T qr A? frD d Eqf+rd qr+rr'Jt t+F'i rqe
olfuq I
question No.3 [03 Marksl
15 years old Chintoo, on being failed in examination, became upset and
frustrated by the admonition of his father, calls and takes advice from his maternal
uncle Ganesh, who carries business in Bombay. Ganesh asks chintoo that "you come
Text of page 4
Question No.6 [03 Marks]
ln a trial. Ramesh is charged for the offence of Robbery. on completion of trial,
no sufficient evidence is found to convict him for the offence of Robbery' However,
there is sufficient evidence exist to prove the offence of theft bevond reasonable
doubt. ln such condition, what order can be passed by the court? Explain with
support of relevant Provision.
q{'I lsclT 6
sisr o) foaxvt ,D <)tr+ gz d eT,t{Et 61 s'rtq $qqt .lror t fa4wr U:i rri w
qe o) cr<rtr d ftrt si ffi< or'l fu wfw srrlt f')a*rn d-rr q6i qr{ w,ff B.
ttdif6 "{tff tn w<u gLngrr rit6 {i ct qrRtr osi fi rofw sur ftoqn t t tifi
qqq-r.t d q{'gfi i we
fiarfA t qqrdq Er{r rqt ar,}rt qlltd fu-qr qt rtoat t? t{irr(l
+1fuq r
question No.7 [03 Marksl
"A" requests "B" to loan him a sum of Rs. 10,000/-. "8" refuses, upon which,
"A" stabs "B". In the trial of above offence, whether this fact is relevant that "earlier
also in same manner "B" had deadly assaulted the persons who denied for lending
money''. Explain in brief, narrating the relevant provision.
ct{ {Er 7
"!" "ff' Q 10,000 6qt sqn +i o1 cr+{r o{dl t t '{t" T+ 6r +frr t fua q{
"C" 'ff' ol arq,rn tm tt s+ 3rq{M d ftqRsr t ?qI rrt dul g.s'ro t fu 'qd n fi
rqi stm *i t q+ ori srdt si '4" i {m ron qr+}er 6{dl fu-qr qI I' $srrd
qrclrrq 6l vdfud ot €f8q d we oi t
Question No.8 [03 Marksl
During the investigation of a rape case, statement of a person is recorded
under section 164 Cr.P.C. in the court by a Magistrate "M" During trial, prosecution
produces "M" as a prosecution witness before the specaal court and asks him to
disclose the procedure of recording of such statement. Whether "M" can be
compelled to disclose the above procedure? Explain in the light of relevant provision
of law.
Js LP ll 18 l)aoe l ol I i
Text of page 7
present inside the examination room. Ramesh tells the Doctor that he has shot
Mohan and in the like manner, year earlier also, he had shot Hari with the same
revolver, which he has thrown into a canal.
Whether the above statement of Ramesh is admissible in evidence as
confession? Discuss.
qYi €a.ql 15
{t{r 6l q}'{.t +1 rcqr d urtv { gfun sxr frnwrq fsqr nirelB I sQ frfu-f,rfrtq
rQerr fu fufu.-ero d ct€ d qrqr qr tt frfu-(sfi u$+i qfrerq fu oe i d urm t
a?n gfus 3rffi srdq A-dr {adr I t qfferq os n A{d {+sr .r fufu'-flo A d-{< r6d
d r ris Bfu-<ro q\ orm I 16 sfli +6c SI .ffi mor g.qr ;ff i q qfr ron g+ a{
Td fi ssi 6t .h1 sdl Rqren t d.fi qr*nr Edrr d ,n. ffi .rs; \'6 'rfl { $r f{qr
?r
Eqt ricr 6r uq+tr oerc riffi S sq d qls t ,rdq t? l{i++ 616* ,
question No.16 [06 Marksl
Distinguish the followings-
q{;l qql 16
tuq o) tuY?d mtuv-
(A) Abetment and Criminal Conspiracy.
(3r) gu)w ga 3l trnf*o vcia r
(B) Common lntention and Common Object-
(q) qtqrq ofigrq G qrqrq sl{q I
(c) 5ummon Trial and Warrant Trial.
(n) {rT{ EqRor gs aRo-e lisr{q I
Question No.17 [06 Marksl
What is the provision relating to examination of an accused of rape bV medical
practitioner? Whether, such examination amounts to violation of iegal right of not
Text of page 8
being compelled to be a witness against himself? Explain in the light of leading
judgments of Hon'ble supreme court.
grr {qr 17
Tdr*i,r + 3rq{rfi qk o1 fifu-dm Eq-{qr8 * .rte F{ad d sqq t Eqr
cnErn t? Tqr W qQel r+ti d ld6< frren r+i qi fusw ,rfi H qi d ft46 oTfuorl
6r scr.itrq t2 ql{{lq lqfls qrqrdq d r5u ffi d rorvr il cq€ aifug t
Question No.18 [06 Marksl
Explicate the followings-
qqq tfefl ra
Rq d {{ircq-
(A) MaV presume.
(3r) gqqn'n 6{ {rdrn t
(B) Shall presume.
(q) swrnun olrn I
(c) Conclusive proof.
fq) frrsr{ro yr{ r
Question No. 19 [06 Marksl
To constitute an offence under Section 138 Negotiable lnstruments Act, 1881,
which are the mandatory conditions precedent of time limits and what are the
provisions relating to interim compensation? Explain.
c[fl $qr 19
qrrrq fd-sa eTfuHqq. raer +1 qm rgs d ercrrr d,r,r+ d ftri wrq frqrcrl 61
3lrfl[6 Td {rd olrrs d qs 3iflR.r effi d wr++r ii a,qr urqEn d: se dfuc t
Question No.20 [05 Marksl
What is "culpable homicide"? When does it amount to murder and when
doesn't? Explicate, comprehensively.
JS LP'll la P.06 3 ol 11
Text of page 9
q{.I q@T 20
"Gnq{r{U6 qFrs str" Eqr i? qE 6q 6flr o1
aM t errm t q 6q {€i? FR{d sq
t qrsr ott
[10 Marksl
Question No.21
ln mid
Lohar is expert in making keys and Ravi is a computer expert
Ramlal
made pistol at
lqbal, Harish' tagg-u and 'leetu pointed a country
night of 25.04.2018, killed'
and threatened them t-Jcome with them or else they would be
Ramlat & Ravi
of miscreants' R-avi deactivates
,"ri, r.",, go with them and as per direction
""0"r system of Vikram Jewelers and Ramlal opens the lock The miscreants
the security starts
articles of Vikram lewelers Police
remove and take away all the lewelry lewelers; obtains
on the report of Vikram Soni' the owner of Vikram
investigation
at the show room' from the owner and pursuant to
Footage of CCTV installed awav from
given by the four miscreants in police custody' iewelry taken
informations
their houses
Vikram lewelers was recovered from
four miscreants are.prosecuted for
main
After completion of investigation' offence'
& Ravi are prosecuted to active role to aid the above
offence and Ramlal
prove the facts as to
trial, prosecution Eets examined Vikram Soni to
During
identification of iewelry
of the computer system and
the CCTV Footage, deactivation and
witnesses of of jewelry' investigating officer
etc. Besides, independent 'ui"'" the
examined All the witnesses support
other important witnesses are also
prosecution story'
stated the case
examination of accused by court' all the four miscreants
During
the alleged act without
as false. Whereas, accused
Ramlal and Ravi stated to commit
of the accused' in
due to fear of death No witness is produced by any
any intention,
their defence.
provisions of law
Write a judgment by mentioning the relevant
gl;I S@IT 21
rTqard d'6n qlBqr
'fli i qrRs t a'q{ ft o'q:r q T"1 :' qIt I {fdrd'
qsq {rB i qrara q tfr d RN t9t 6ci
rftw, o..1 \'q d( F{rc 2604'2018 oi
qrql qe 'f,ri d
fh v{d wq r'fi {'{r nin t m ti I d'i rr+q t s{d
dr{f,{ 66d d *
at 3ry{{R 1dfiq "idd'd ftrddftA Rr€q al h&q os
?-dl
aen {E aRt <qrPi d
Text of page 10
s {Frtnd drdr srd tilr B I {<qt{r ftfiq ffi +r qm Erir ta,q qrr qrd
d r fuoq
dard d qrtd6 ft-fiq rnff +1 ffid cq gfdr+ t crdsq
eff {. ft., ; ,n** * *
tq{i tSIft*;q ff t d .nd rri e+rts,r qrlqs sftrt;;;
a1 Eto qrw a1 s arr cilrrl) al
s i; q* "n "
* ffi
ffi ,rd t
erdqq d qq att €qr$ d
5c< ernru d
n qD;q FdqtT o.-{+ A m erMfua ft-qr qrdr
fu osr q,rmrd s {fr d ro srq{q
tr
ft-dnur d dm{ erM.r+ qer Errr rftS Aff g}u,
eqw o1 rr+r 6{i 3TrR d oesl +l qrR-d ovgzr fus iifuq F{i q
* *S fr-*" #+ A'€fto **0, t,
yd^ $R* 3a{q crffi d r+rq qrdt ruT. 3rd\"r ;DETff u ** *_*q sl&tryr oi
,fr cfiFd ororlt et pE q1eft,r" .l
3ft+mr rrr4 or ,vq++ fu, Bt'"''
qrqr.r{I dRr fuill .rd qfteTur
i qlTd 6) w] {drqr B
cTBgffi,T,r
rrma q
fT"ry, ^{t-r T,g "ru ,{ tu{r 3ril,rF 5*'*.t o ** m,
I
d
6rqqr 3,Frg4rrq r 3r.rff qifi{ea q
+fJ '
{nen iq r$r fuq_ e r
fafr d g-{i,Til crqqn ffid oq ffiq fnfug r
Question No.22
[10 Marks]
On 30.06.2019 at 2 pm Anil, Madan and
Suresh were returning from college on
a Motorcycle. Suddenly, a car bearing number
DJ-20-CA-1285 at greai speed driven by
Naeem Khan, came from the opposite direction
and f,,, ,t u ,oal. Cycle. Resultantly,
both the pillion riders aiong with rider Madan singh
fe down. The car driver ran
away from the spot. Anil died on the spot
and Madan got hjs left leg lractured and
Suresh got multiple abrasions. police started investigation
on the report of Suresh and
after completion of investigation filed charge sheet against
Naeem Khan in the
competent court
Apart from Suresh and Madan, the Medical .Jurist Dr. Ravi,
who conducted
postmortem and examined the injured, Head Constable
Karan Singh, who conducted
mechanical lnspection of the car and motorcycle, investigating
officer Dharmveer
Sub-lnspector were examined as prosecution witnesses.
All the witnesses supported
the prosecution story.
Accused claimed himself to be innocent and alleged that he was not driving the
Caf at the time of said accident and he had falselv been implicated bv the police on
the basis of mere susPicion'
Official key not published for this paper.
Page 1 of 11
Source: Rajasthan High Court. Question paper published by Rajasthan High Court.