Criminal Notes

April 2, 2018 | Author: Mitha Sudhindran | Category: Murder, Crimes, Crime & Justice, Mens Rea, Criminal Law



LL.B.II Term Paper : LB - 203 – Criminal Law - II Objectives of the Course The primary objective of criminal law is to maintain law and order in the society and to protect the life and liberty of people. It is for this reason that people place their ultimate reliance on this branch of law for protection against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or ineffective. Nor can it be harsh and arbitrary in its impact. The application of criminal law has to be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc. of either the criminal or the victim. The subject of Criminal Law-II has been so designed as to generate critical thinking among students about the stated objectives of criminal law and to enable them to scrutinize the recent developments and changes that have taken place in the field. The primary objectives of this course are:• To familiarize the students with the key concepts regarding crime and criminal law. • To expose the students to the range of mental states that constitute mens rea essential for committing crime. • To teach specific offences under the Indian Penal Code. • To keep students abreast of the latest developments and changes in the field of criminal law. Prescribed legislation: The Indian Penal Code, 1860 Prescribed Books: 1. 2. 3. 4. 5. C.K. Thakker (Rev.), Ratan Lal & Dhiraj Lal’s Indian Penal Code, (30th ed., 2004) K.D. Gaur, Criminal Law – Cases and Materials, (6th ed., 2009) R.C. Nigam, Law of Crimes in India (Vol. I) (1965) V.B. Raju, Commentary on Indian Penal Code, 1860 (Vol. I & II) (4th ed., 1982) K.N.C. Pillai & Shabistan Aquil (Rev.), Essays on the Indian Penal Code (The Indian Law Institute, 2005) 6. K.I. Vibhute (Rev.), P.S.A. Pillai’s Criminal Law, (10th ed., 2008) The act of the accused must be the causal factor or direct cause of death read with section 301 1. State of Pepsu. when a case falls under section 299 and also under the comparable clause of section 300 and the defence is able to prove that the case also attracts one of the exceptions to section 300. State of Bihar (2002) 6 SCC 506 Prahlad Krishant Patil v. IPC. State of Punjab. Broadly speaking. or. Culpable homicide not amounting to murder can be punishable under section 304 in two situations – first. 21. Emperor. Emperor v. 52) Offences of culpable homicide amounting and not amounting to murder distinguished culpable homicide of first degree provided in clause (a). Palani Goundan v. AIR 1977 SC 45 Dhupa Chamar v. Culpable homicide amounting to murder means that the case falls in one of the three clauses of section 299 and is also covered in the corresponding clause of section 300 but does not fall in any of the exceptions to section 300 and is punishable under section 302. State of Maharashtra (2006) 9 SCC 211 22 26 27 32 42 51 . when a case falls in section 299 but not under section 300. 39. State of Hyderabad.ii SPECIFIC CRIMES PART – A : OFFENCES AFFECTING HUMAN BODY Topic 1 : Culpable Homicide and Murder (Sections 299-302. 32. Causation . AIR 1958 SC 465 State of Andhra Pradesh v. 5. second. AIR 1956 SC 654 Virsa Singh v. Each clause of section 299 contains comparable clauses in section 300. 8. Mushnooru Suryanarayana Murthy (1912) 22 MLJR 333 (Mad. 9. the main distinction between sections 299 and 300 is the higher degree of probability of death resulting from the act of the accused in case of murder as defined in section 300. AIR 1956 SC 171 Comparison of clause (b) of section 299 with clause (3) of section 300 Kapur Singh v. In re Thavamani. 7. Punnayya. second degree in clause (b) and third degree in clause (c) of section 299. R. Culpable homicide is the genus and murder is its species. 1919 ILR 547 (Mad) 1 2. Every murder is culpable homicide but not vice versa. 6. AIR 1943 Mad 571 8 3. 304 read with sections 8-11. Rawalpenta Venkalu v. 33.) 10 Comparison of clause (a) of section 299 with clause (1) of section 300 4. 20. knowledge. AIR 1940 All. Offence of voluntarily causing grievous hurt section 322 read with section 325 IPC. Exception I to section 300 12. State of Andhra Pradesh. State of Maharashtra. Rambaran Mahton v. State of Kerala (1995) 2 SCC 99 115 123 95 99 105 86 89 93 .B. The State. ‘Defences for Battered Women Who Kill’.P. 11. based on sound principle of reason. negligence and rashness as forms of mens rea. Chandrasenan v. 22. State of M. AIR 1958 Pat. (2003) 3 SCC 528 Dhirajbhai Gorakhbhai Nayak v. 18 (2) Journal of Law and Society 219 (1991) Exception IV to section 300 13. State of Haryana. not absolving an accused completely. Shanti(Smt. IPC. Nanavati v. State of Punjab (2001) 8 SCC 633 Ram Badan Sharma v. State of Bihar.N. AIR 1962 SC 605 Reading Katherine O’Donovan. State of Bihar (2006) 10 SCC 115 Topic 5 : Hurt and Grievous Hurt (Sections 319-325) Definitions . Dhirajia. 19. Mt. 53 58 Topic 3 : Homicide by Rash or Negligent act not amounting to Culpable Homicide (Section 304A) Distinction between intention. Cherubin Gregory v. 486 Gyarsibai v. 61 Topic 2 : Exceptions to section 300 General and partial defences distinguished – general defences in Chapter IV.) v. The State. AIR 1991 SC 1226 Satvir Singh v. negate criminality completely.M. AIR 1972 SC 685 17. AIR 1964 SC 205 16.K. 21. IPC. State of Andhra Pradesh (2000) 7 SCC 72 Topic 4 : Dowry Death (Section 304B read with section 498-A) 18.sections 319 and 320. Mohammed Aynuddin v. The law. AIR 1953 M. takes a lenient view in respect of murders committed on the spur of the moment. mens rea required is criminal negligence (inadvertent negligence) or criminal rashness (advertent negligence) 15. Exceptions I to V to section 300 are illustrative of partial defences. State of Gujarat (2003) 9 SCC 322 79 82 62 71 10. Partial defences such as exceptions to section 300 partly reduce the criminality. K. if applicable in a given case. 452 E. S. 14. Hussain v.iii Comparison of clause (c) of section 299 with clause (4) of section 300 Emperor v. Ghapoo Yadav v. AIR 1954 SC 724 213 218 . Bhupinder Singh v. 33. Criminal Breach of Trust and Cheating (Sections 403-406. 37. Vadgama v. 35.L. it is an offence against possession. Tukaram v. State of Haryana v.) State of Karnataka v. State of Gujarat. State of Maharashtra. AIR 1941 Pat. 44) and (Sections 383 & 384 read with sections 29 & 30) Ingredients of the offence of theft. 23. State of Himachal Pradesh (2003) 8 SCC 551 30. AIR 1963 SC 1094 Jadunandan Singh v.iv Topic 6 : Kidnapping and Abduction (Sections 359-363 read with section 18) Ingredients of the offence of kidnapping from lawful guardianship (section 362). Gurmit Singh (1996) 2 SCC 384 28. Raja Ram (1973) 1 SCC 544 148 Topic 7 : Rape (Sections 375-376 read with section 90) 26. 34. State of Punjab v. Thakorlal D. 4386 (Kant. enticing and allowing a minor to accompany. Distinction between ‘Theft’ and ‘Extortion’. Emperor. AIR 1979 SC 185 Reading : An Open Letter to the Chief Justice of India (1979) 4 SCC (J) 17 27.) 200 203 205 208 Topic 9 : Offences of Criminal Misappropriation. AIR 1960 SC 889 Mahadeo Prasad v. State of Bombay. State of West Bengal. Basavegowda (1997) Cr. Arumugham (2000) Cr. 415-417 and 420 read with sections 29-30) Ingredients of the offences.J. State of Madhya Pradesh (2006) 6 SCC 263 31. Union of India (2004) 5 SCC 518 29. punishment. 129 Sekar v. Pyare Lal Bhargava v. distinction between taking. distinction between theft and cheating. S. Kidnapping from lawful guardianship is a strict liability offence (section 363) and distinction between ‘Kidnapping’ and ‘Abduction’. AIR 1965 SC 942 132 24. Bhupinder Sharma v. UT of Chandigarh (2008) 8 SCC 531 154 160 165 178 189 193 196 PART . State of Madras. criminal misappropriation and criminal breach of trust. Jaikrishnadas Manohardas Desai v. Priya Patel v. 1552 (Mad.B : OFFENCES AGAINST PROPERTY Topic 8 : Offences of Theft & Extortion (Sections 378 & 379 read with sections 22-25.J. Varadarajan v.L. AIR 1973 SC 2313 137 25. Sakshi v. distinction between theft and criminal misappropriation. State of Rajasthan. 36. 32. The State. The students are advised to read only the books prescribed above along with legislations and cases. picked up a fruit knife lying nearby and stabbed her several . State of A. picked up the bowl of kheer and ate it. The topics and cases given above are not exhaustive. 1. 1 which is compulsory. (e) Criminal breach of trust and criminal misappropriation.S. Mt. 3. Akhil Kishore Ram v. (c) Kidnapping and abduction. Examinations. 4. AIR 1940 All. ‘A’. 4.P. clearly bring out the differences between any four of the following:(a) Culpable homicide and murder. AIR 1953 MB 61. when she told him about her intimacy with another man and that she was planning to divorce him in order to marry that man. Meanwhile A’s 5 year old son ‘C’ came in. He rushed out of the room. ‘C’ died of poisoning. In the same evening. December. Maharaj v. AIR 1999 SC 2332 221 225 IMPORTANT NOTE: 1. Critically examine the decision of the Allahabad High Court in Emperor v. The Question Paper shall include one compulsory question consisting of five parts out of which four parts will be required to be attempted. 39.V. Anil was very fond of his wife Seema. With the help of examples and illustrations. (b) Dowry death and abetment of suicide. AIR 1938 Pat.. 185 Shri Bhagwan S. 2. ***** LL. But. he was terribly upset and locked himself inside a room without talking to anyone.v 38. The question papers set for the academic years 2007-08 and 2008-09 are printed below for guidance. Discuss ‘A’s liability in this case.resulting in fixing different criminal liabilities in the two cases. intending to kill his brother ‘B’. Dhirajia. Emperor.V.B. 3. 2008 Note: Answer any five questions including Question No. (d) Theft and extortion. 2. 486 and state as to what are the distinguishing facts in this case from those in Gyarsibai v. The students are required to study the legislations as amended up-to-date and consult the latest editions of books. All questions carry equal marks. gave him poisoned kheer which ‘B’ subsequently placed on the table while he went to the bathroom. when he overheard his wife talking to her paramour. he could take it no more. The teachers teaching the course shall be at liberty to add new topics/cases. II Term Examinations. (a) ‘A’ is a warehouse-keeper. She received a cut on the side of her neck and fell down due to which her knee was fractured. 1 which is compulsory. (d) Scope and justification behind “sudden fight” as a partial defence under section 300 IPC. 2008 Note: Answer any five questions including Question No. All questions carry equal marks. What offence is ‘A’ liable for? Discuss in the light of decided cases. Not venturing to misappropriate the ring immediately for fear of search and detection. April-May. What offence Jeetu has committed? 6. (e) ‘Dishonest intention’ is the gist of the offence of theft. . 1. ‘A’ dishonestly sells the goods while ‘Z’ was away. ‘Z’ going on a journey. took her away without the consent of her parents. Answer briefly any four of the following: (a) Unlawful homicides under Section 300/302 are more serious offences as compared to those under Sections 304 and 304-A of IPC. as a result of which she died. (b) ‘A’ sees a ring belonging to ‘Z’ lying on a table in Z’s house. The medical report proved that the injuries were sufficient in the ordinary course of nature to cause death.B. with a view to chastising his daughter. entrusts his furniture to ‘A’ under a contract that it shall be returned on payment of a stipulated sum for the warehouse room. Ram. believing her to be 18 years old. The boy. What offence. if any. 7. who was ill-treated by her father and step-mother requested Shravan. (a) The accused. What offence ‘A’ has committed in this case? Support your answer with decided cases. with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. a chain snatcher. to take her away from her house. Shilpa. (c) Section 304-B and Section 498-A are not mutually exclusive. Can he plead grave and sudden provocation in his defence? 5. 8. have her a kick on the back and two slaps on the face. Write notes on the following”(a) Rape (b) Cheating ***** LL. he has committed? (b) Jeetu. ‘A’ hides the ring in a place where it is highly improbable that it will ever be found by ’Z’.vi times in the stomach. Is Shravan guilty of any offence? Analyse the nature of the offence and cite relevant cases in support of your answer. forcibly pulled a gold chain from the neck of an old lady. her 22 year old neighbour with whom she had an affair. he sent her back to her parents’ house. (b) Bring out clearly the distinction between ‘kidnapping from lawful guardianship’ and ‘abduction’ under IPC. a 15 year old girl. Explain. Two days later when he came to know of her real age. vii 2. Discuss whether A can be held guilty for the offence of ‘murder’ under Section 300 read with Section 302. B was crushed to death. In order to make his escape. . the policeman who was trying to apprehend him. however. Medical evidence proved that death was caused by hanging. she was shocked to see Ajay and Sunita in a compromising position. some senior students of the college called juniors to their room for ragging and gave some commands to be obeyed by the juniors. IPC. has been committed by A and his friends? (b) K inflicted twenty injuries on arms and legs of M with a gandasa. What offence has been committed by K? 4. (a) X. A and his friends made all efforts to revive him. 3. Virender set up a clinic in a village and soon became known as a good ‘doctor’. On a particular day when she visited the flat of Sunita during day time and peeped through the chink of the door. proved that he had successfully treated patients with penicillin injections in similar cases of fever and cough earlier. wreaking vengeance for the injuries caused by M to K’s son on an earlier occasion resulting in amputation of his right legs. What offence. B. Would it make any difference had Z died due to failure to give him prompt medical aid. passed it on to Z who consumed it and died instantaneously. M died thereafter due to multiple fractures and injuries and loss of blood. gives him poisoned sweets to eat. A and his friends gave mild beating to B who had refused to comply with their command. Aneeta became more nervous and decided to follow him so as to be sure about the stability of her marriage. Virender admitted that he was not aware of any such consequences resulting from penicillin injection and was not ready with any antidote to save the allergic patients in such a condition. Aneeta suspected Ajay having intimate relationship with his friends Sunita. Aneeta immediately took out a pen knife which she habitually used to carry along with keys in her key chain and stabbed Ajay in his abdomen in quick succession. Discuss the criminal liability of X under IPC. He. Believing B to be dead. if any. He administered a penicillin injection to a patient suffering from viral fever and cough. According to the medical opinion. therefore. The patient was allergic to penicillin and. died soon after receiving the injection. who was a heart patient. the police arrived and cordoned his car. became unconscious. (b) A robbed a bank. (a) After new admission of students in a reputed college of Delhi. While this was going on. What offence. Many times when Aneeta questioned his about his friend. A ran his car over B. A and his friends took B to his hostel room and hanged him to give the impression of suicide. Y without taking it and without knowing that they are poisoned. with an intention to kill Y. the injuries by gandasa on M were sufficient to cause death in the ordinary course of nature. Ajay evaded the answer and many a times lost his temper. has been committed by Virender under IPC? (b) Just a week before her marriage with Ajay. (a) Virender had worked as a compounder in a reputed private hospital for over 20 years. but all was in vain. if any. But before he could escape in his car. Aneeta knocked the door and Ajay was shocked to see her. a Cabinet Minister. He started evading her and moved to the city.B. A wrote a letter to B threatening him that unless he delivers blank signed . a CBI inspector. from the effects of which he died. Sometimes she would confide all her frustrations with her friend Ritesh. course together. The party went for a long time. was investigating a case of corruption against B. She was consistently put to a lot of pressure to score not less than 90% marks. Ritesh engages you as his defence counsel to defend him at the trial with the help of legal provisions and judicial decisions what shall be your line of arguments in defence of Ritesh. Next morning on the complaint of parents of Mahima. (a) A and B were very close friends studying LL. While facing prosecution for the offence of rape. Mahima couldn’t dare going home so late and Ritesh too was scared to ring the bell of his house at that late hour. He waited for him in his study room and started reading some of the books lying on the table. Deepak also made a promise of marriage and with her consent entered into sexual intercourse with her. 6. (a) Mahima. The blow missed its aim. was the only child of her parents. he decided to leave but picked up a book on ‘Constitutional Law’ by Seervai to be returned subsequently. They wanted their child too to be a doctor. Aneeta pleads ‘grave and sudden provocation’ in her defence. aged 17 years. which she couldn’t question many times. Y’s wife. To ward of the blow. X aimed a blow with his stick at the head of Y. They used to exchange books and notes. Mahima lost all her patience and decided not to live with all these restrictions. Decide.viii Ajay died on the spot. Mahima and Ritesh were together in a friend’s birthday party. 7. On one particular day A went to the house of B but B was not there. Both the parents were doctors and running a very good clinic. Can Deepak be acquitted of the charge of rape under Section 376 IPC? Decide and enunciate the essentials of Section 375. bent fell on the head of the child causing serve injuries. Both of them grew together and there was a tacit understanding between them to marry each other. he cannot be held liable for the offence. who had a child on her arm. Even Ritesh was sharing his experiences as a son of a bureaucrat with Mahima. Ritesh was all comforting and consoling. A sought the permission of his mother to take up the book. Ritesh was arrested and then prosecuted for kidnapping Mahima. After sometime. X is charged of the offence of voluntarily causing of grievous hurt but he pleads that he is guilty only of voluntarily causing of simple hurt. Ritesh suggested a friend’s place for overnight stay and took her along. What is the offence committed by A? (b) A. intervened between them. After some days A returned some other books of B to him with the idea that he will return Seervai’s book on Constitutional Law some time later as he found it to be excellent. (b) In the course of an altercation between X and Y on a dark night. Deepak moved to the city. Will she succeed? 5. Deepak pleads that sexual intercourse was with the consent of Divya and therefore. She was put to lot of restrictions on going out. Divya and Deepak were childhood friends living in a small village. He started evading her and ultimately refused to marry her. Neither A returned the book nor B ever enquired about it. the woman fell unconscious. Y retained that money with him. April-May. X paid the said amount to Y. discovered that X had actually paid Rs. by using a Gandasa. On these facts. (b) Explain the legal provision relating to causing death by negligence’ and examine if it is different from ‘causing death with the knowledge that the act is likely to cause death.200 by mistake. The post-mortem report stated that the victim had received an ante-mortem head injury and had died due to severe burns. A picked up a lathi lying nearby and hit his wife on her head. 1 which is compulsory. The matter was brought to the notice of the Principal of the school.’ 3. B delivers signed blank papers to A.000. Can Y be prosecuted for any offence? ***** LL. (a) Bring out the points of distinction between criminal misappropriation. 1. Since that day. When X contacted him after some days he returned the excess money of Rs. singly was sufficient to cause death in the Note: . can A be prosecuted of any offence. (b) X went to the office of the school to pay the dues of his son amounting to Rs. with a sharp instrument used for cutting. 8. Believing her to be dead. Can A be held liable for murdering his wife. Kalicharan inflicted 22 injuries on the arms and legs of Ram. Kalicharan and his friend Chandram encountered Ram. sprinkled kerosene on her and set her ablaze. Shyam’s father Kalicharan harboured a grudge against Ram. On the fateful day. One day. 1. The cashier at the end of the day.ix papers he would file a charge-sheet against him which would lead to his prosecution. (a) A was in a habit of beating up his wife over trivial issues. 2009 Attempt five questions including Question No.000. Ram caused a severe injury on Shyam’s leg. 1. Although none of the injuries. All questions carry equal marks. who took serious view of the matter. while counting total deposit for the day. Consequent to the lathi blow. who issued a receipt for Rs. A dragged her to the kitchen. Comment. Attempt briefly any four of the following: (i) Section 304-B IPC and Section 498-A IPC are not mutually exclusive. The wound so inflicted led to the amputation of Shyam’s leg. Whereas Chandram held Ram by his head.B. the cashier. criminal breach of trust and cheating. II Term Examinations. 1. finding the opportune moment. how do you differentiate between the offences of theft and criminal misappropriation. (v) Is criminal rashness different from criminal negligence? 2. 200. (ii) What is ‘Doctrine of Transferred Malice’? (iii) What is ‘Dishonest Intention’ ? On its basis. (iv) State the definition of ‘Grievous Hurt’ as contained in the Indian Penal Code. during such a fight. W saw H and S in a compromising position. Will the prosecution succeed in this case? 6. Ramesh offered to marry Kamini and left his visiting card with her. Better side of man prevails over X and later he decides not to take out the ring. Has X still committed any offence. L removes all other ornaments and hands them over to A. She boarded a bus bound to Faridabad and came across Ramesh. What offence(s) has been committed by A and B? 8. To her dismay. suspected that her husband H was into an extra-marital relationship with his secretary S. she was informed by one of such friends. finds a diamond ring belonging to Y on a table in the latter’s house and puts the same under the carpet there with the intention of taking it afterwards. She pleads the defence of ‘grave and sudden provocation’ in her favour. 5. S died on the spot and H died after a week as he had no received proper medical treatment. Kamini. As L gets terrified. at the time and place decided by her. near Maurice Nagar Chowk. They got married thereafter according to the wishes of Kamini.x ordinary course of nature. that Ashok had a first wife Sudha and two kids from her. in Delhi University. The couple resided together for two years and Aruna got pregnant in the meanwhile. What is the liability of Kalicharan for causing death of Ram? 4. W rushed to the hotel.A. Aruna got married to Ashok. praying that they should stop her harassment. . (a) Explain the law on ‘Cheating’. This family of Ashok resided at Jabalpur and Ashok has finally proceeded to stay with them forever. Ashok contended that the sexual relations that he had with Aruna occurred with her consent only so consensual sexual relations between two adults could not be described as rape. first year. With trembling hands. On reaching there within half an hour. wearing various gold ornaments. The ring still lies there in the house of Y undetected. a highly educated woman residing in Delhi. a newly married woman. On a sympathetic ear being lent to her. Decide. Ashok was arrested and tried for rape. On getting to know that her husband H was staying in a hotel with S. W took out the revolver that she carried with her and shot at S and H both. (Hons. W. At this. W is prosecuted for causing death of H and S. During her stay at her aunt’s house. a girl aged 17 years six months. 7. (a) X. was a student of B. Kamini narrated the troubles in her life to Ramesh. At Aruna’s complaint. Whistling. Ramesh got very impressed by Kamini and showed a keen interest in being friends with her. Decide. A threatens L of sexually abusing her. who was also commuting by the same bus. the victim died due to the cumulative effect of the injuries. (b) L. On hearing about her suffering. Ashok went missing and a baffled Aruna contacted all friends of her husband. B snatches the necklace which L is wearing. suddenly. Kamini considered the proposal seriously and finally decided to go to Ramesh instead of going back to her natal home. Fed up with the ill treatment meted out to her by her step-mother. believing him to be a nice eligible bachelor. On day.). Ramesh was later arrested by the police and tried for kidnapping Kamini. she decided to spend a few days at her aunt’s place at Faridabad. is encountered by two goondas A and B. The speed of the car being unusually high. aged about 15 years. Answer any four parts and the answers should not exceed 150 words each : (a) Distinction between Section 299(C) and Section 304A of the IPC in the matter of determining criminal liability. (d) Bring out the distinction between the offence of theft and extortion under IPC. (c) Bring out briefly the essential ingredients of Section 304-B of IPC to attract criminal liability of the offence of causing dowry death. (b) Explain and illustrate why kidnapping from lawful guardianship. 4. The post-mortem report attributed death to multiple fractures on arms and legs and internal bleeding. the boy was killed immediately and the car turned turtle causing serious injuries to Rajesh in an effort to bring it to a halt. Decide with the help of legal provisions and decided cases. All questions carry equal marks. On the next day. Decide. What offence has been committed by the dry-cleaner? ***** LL. yet he decided to drive himself home. Tej had scolded Teena. Shan caught hold of a stick lying nearby and gave nearly nineteen blows with the stick on the legs and arms of Tej. Shan became wild on hearing this and was looking for an opportunity to give good thrashing to Tej. Rakhi proposed to marry Raj but Raj did not heed but wondered why she had put up such a proposal. 1. her . Rajesh went to attend a party along with his college friends. is not a continuing offence. the dry-cleaner tells her that the saree is not yet ready and will be given to her after two days. He got unusually drunk. Out of curiosity. 3. Rakhi. In the afternoon. and Raj. daughter of Shan. Raj started making enquiries from Rakhi and came to know that she had lost her mother in childhood. One day. Rajesh is tried for the offence of murder under Section 300(4). One day Shan saw that Tej was passing through his place and seizing this opportunity. Although his friends warned him not to drive and offered to drive him home. On inquiring Z reluctantly discloses that she has hired the saree for a day from the same dry-cleaner. Examinations. Rama.xi (b) E gives her expensive saree to a dry-cleaner for dry-cleaning and ironing it. were good friends in the school in which they were studying. Shan is tried for the offence of murder under Section 300(3). 1 which is compulsory. E goes to a ladies’ party and sees her friend Z wearing the same saree. (e) Discuss the justification behind “Sudden Fight” as a partial defence under Section 300 IPC. 2. Tej was removed to a nearby hospital and he breathed his last within two days of sustaining these injuries. aged about 16 years.B. for misbehaving with his daughter. unlike abduction. May-June 2009 Note: Attempt five questions including Question No. He was driving unusually fast when a boy was hit by his car while trying to cross the road. Discuss with the help of legal provisions and decided cases. for a consideration which eventually he paid after documents were executed between him and Nawab.xii father had remarried and she was being ill-treated by her step-mother. if any. if any. Fearing grave losses. Prince wants to proceed against Nawab under the Indian Penal Code and seeks your advice as to what offence. ZW. 6.M. Prince came to know that Nawab had no title in the said property. As counsel. Raj was arrested and is facing trial for the said offence. (a) Bring out the distinction between the offence of criminal misappropriation and criminal breach of trust. Rakhi’s father filed an FIR against Raj under Section 361. Nanavati v. Decide the liability of ZW. Prince. AIR 1962 SC 605. Critically examine the judgment of the Supreme Court in K. After knowing that Rakhi had been ill-treated by her step-mother. ***** . Ahmed cut the crop and disposed it off using the proceeds to marry off his daughter as he was in dire need of money. what offence. agreed to purchase an estate from Nawab of which Nawab was not the owner. Seema immediately felt uneasy in the abdomen with irritation and pain in her throat and had to be hospitalized. State of Maharashtra. which would affect her voice and make her suffer bodily pain for a number of days. (a) What is cheating and what are its essential ingredients? (b) Nawab represented to Prince that he was a big estate-holder owning innumerable properties when the representations were not true. believing the representation of Nawab to be true. bringing out clearly the essential conditions necessary for invoking the defence of “grave and sudden provocation” under Exception-I to Section 300 IPC. one of the reputed female singers. advise Raj. 8. has been committed by Ahmed under the IPC. ZW called Seema for a get-together and offered her fruit juice mixed with the chemical substance which she took. Many female singers of repute were losing business because of her exceptionally good talent. (b) Ahmed was entrusted to take care and watch paddy crops till it was ripe when the farmer-owner would give notice to the factory-owner doing the business of processing and selling paddy who would reap it. Raj brought Rakhi home to enable her to stay with him and his mother to save her from further harassment at the hands of her step-mother. 7. has been committed by Nawab. You are required to prepare a detailed legal advice in the matter. Rakhi proposed to Raj mainly because she knew that Raj’s mother was kind-hearted and was hopeful of bringing her around. 5. Later on. decided to mix some chemical substance in her fruit juice. Seema became one of the best sought after playback singers in Bollywood. She was discharged from the hospital after 15 days and was advised not to sing for another 15 days. xiii LL. 2010 . DELHI-110007 January. Razdan B. II Term Criminal Law – II (Specific Crimes) Cases Selected and Edited By Usha S.T. Kaul Vandana Awekta Verma Vageshwari Deswal Monica Chaudhary FACULTY OF LAW UNIVERSITY OF DELHI.B.
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