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DELHI JUDICIAL SERVICE MAIN EXAMINATION 2018 (09.02.2019) Time Allowed: 3 Hours Max Marks: 200 Instructions: Please read the questions carefully and answer them as directed. a) (ii) All questions are compulsory, unless specified. You are allowed 15 minutes time before the examination begins, during which you should tit i) read the question paper and, if you wish, highlight and/or make notes on the question paper. However, you are nat allowed, under any circumstances, ta open the answer sheet and start writing during this time. (iv) Support each of your answers with reasons, relevant legal provisions and legal principles. Length of the answer would not determine the marks. (v) Bare Acts will be provided by this Court in the examination hall for use by you. (vi) _ 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 Jaw but also of analytical reasoning. CRIMINAL LAW he investigating agency files a charge sheet against “A” for commission of offences to be tried as ‘Warrant case’. The magistrate tries him following the procedure prescribed for a {£0 ‘summons trial’ case and convicts him. ‘A’ challenges the conviction before the appellate court and secks a de-novo trial, Elucidate the powers of an appellate court to order re-tra under Section 386 of the Code of Criminal Procedure. (0 Marks) 2. The law presumes that every person committing a crime is sane and liable for his acts. Section 84 of the Indian Penal Code carves out an exception. Elaborate on the doctrine [£0 of burden of pronf in the context of the plea of insanity. boosts eka &V- (10 Marks) Expression in Section 84 of the Indian Penal Code is “unsoundness of mind” and no} “insanity”. Is there any difference between the two? (5 Marks) wy ‘X’, blind by birth, is a victim of sqxual assault. She identifies the accused ‘A’ only by his voice during the trial. ‘A’ denies his presence at the spot. Under what circumstances ¥ wt (5 Marks) and to What extent is such identification by voice reliable? Nee 1a: Ry Test Identification Parade (TIP) of an accused during investigation is a material piece of evidence. In this context, discuss: oe Is conducting TIP during investigation mandatory? No S-4o word a Effect of delay in holding TIP. — ag TIP of two accused persons arrested in the case conducted jointly, — Can the accused ask for TIP as a matter of right during investigation? No- oY (4x2.5 = 10 Marks) ‘A’ faces the charge of committing murder of his friend ‘B’. The trial court acquits him of the charge for lack of evidence. The State challenges the acquittal in appeal. The High Court declines leave to appeal. Can We Wife of the deceased maintain an appeal against the acquittal? 4 (5 Marks) ¥ x (b)/ The doctrine of “locus standi” is totally foreign to criminal jurisdiction. Discuss, vee 4 (5 Marks) ial i i iminal conspiracy? How can the What are the essential ingredients of the offence of criminal a existence of conspiracy and its objective be established during trial? (10 Marks) ie og ’ Page lof3 _ Mt Scanned with CamScanner 
