Exam Details
| Subject | ||
| Paper | paper 1 | |
| Exam / Course | ||
| Department | ||
| Organization | maharashtra public service commission | |
| Position | assistant public prosecutor | |
| Exam Date | 2011 | |
| City, State | maharashtra, |
Question Paper
1. Draft an appeal against the order and judgement of acquittal passed by J.M.F.C. on 5/8/11. Certified copies applied on 6/8/11 and received on 10/9/11. Charge VIS 110, 112 RIW 117 of Bombay Police Act and VIS of Bombay Prohibition Act.
Brief facts of the prosecution case and reasons for acquittal
in judgement, are as follows
Complainant police constable and other police staff were on duty from 8.00 P.M. of 9/8/09 to 8.00 A.M. of 10/8/09. At about 11.00 P.M. they heard shouting and abusing to them by a person in front of Police Station. Complainant and other police staff came out of Police Station and saw a person abusing and shouting. On enquiry he told his name and was unable to walk and speak properly and was smelling of alcohoL Since the person was abusing and shouting, the P.S.O. deputed 2 constables to take him for medical examination along with a letter.
Doctor on duty at Civil Hospital, examined the person and gave medical certificate "Smelling and under influence of liquor."" The person was brought to police station and police constable lodged the complaint U/S 110, 112 RJW 117 of Bombay Police Act and of Bombay Prohibition Act. Mter registration of case and completion of investigation, charge sheet was filed.
Charge framed and accused pleaded not guilty and claimed to be tried. Prosecution examined 6 witnesses, PW 1 to 5 are police staff and PW 6 medical officer. They corroborated incident of shouting aRd abusing in front of police station and under influence of liquor. The Ld. J.M.F.C. acquitted the accused on 5/8/11 on the following grounds
Police witnesses could not give words used by accused.
Urine and blood sample not collected by Doctor.
Evidence of witness not consistent.
Chain of circumstances not complete.
2. Write short notes: on any four of the following:
Write short notes: First Information Report in cognizable cases
Write short notes: Public Prosecutors, Assistant Public Prosecutors and Directorate of Public Prosecution
Write short notes: Confessional Statement
Write short notes: When police may arrest without warrant and further procedure
Write short notes: Summons and types of warrants and their service
3.
What is tender of pardon to accomplice When and who is empowered to tender pardon and its effects
Describe the procedure followed by Court if the accused is a lunatic or of unsound mind.
4.
Write short notes: Discharge of the accused
Write short notes: Suicidal death reported to the police station
Write short notes: Compounding of offences
Write short notes: Difference between cognizable and non-cognizable offences
Write short notes: Charge and its contents
5.
Write short notes: Opinion of third person becomes relevant
Write short notes: Identification parade
Write short notes: Facts which need not be proved
Write short notes: Leading questions, when and when not to be asked
Write short notes: Public documents and certified copies of public documents
6.
Describe the following Doctrine of Estoppel
Describe the following Accomplice
Brief facts of the prosecution case and reasons for acquittal
in judgement, are as follows
Complainant police constable and other police staff were on duty from 8.00 P.M. of 9/8/09 to 8.00 A.M. of 10/8/09. At about 11.00 P.M. they heard shouting and abusing to them by a person in front of Police Station. Complainant and other police staff came out of Police Station and saw a person abusing and shouting. On enquiry he told his name and was unable to walk and speak properly and was smelling of alcohoL Since the person was abusing and shouting, the P.S.O. deputed 2 constables to take him for medical examination along with a letter.
Doctor on duty at Civil Hospital, examined the person and gave medical certificate "Smelling and under influence of liquor."" The person was brought to police station and police constable lodged the complaint U/S 110, 112 RJW 117 of Bombay Police Act and of Bombay Prohibition Act. Mter registration of case and completion of investigation, charge sheet was filed.
Charge framed and accused pleaded not guilty and claimed to be tried. Prosecution examined 6 witnesses, PW 1 to 5 are police staff and PW 6 medical officer. They corroborated incident of shouting aRd abusing in front of police station and under influence of liquor. The Ld. J.M.F.C. acquitted the accused on 5/8/11 on the following grounds
Police witnesses could not give words used by accused.
Urine and blood sample not collected by Doctor.
Evidence of witness not consistent.
Chain of circumstances not complete.
2. Write short notes: on any four of the following:
Write short notes: First Information Report in cognizable cases
Write short notes: Public Prosecutors, Assistant Public Prosecutors and Directorate of Public Prosecution
Write short notes: Confessional Statement
Write short notes: When police may arrest without warrant and further procedure
Write short notes: Summons and types of warrants and their service
3.
What is tender of pardon to accomplice When and who is empowered to tender pardon and its effects
Describe the procedure followed by Court if the accused is a lunatic or of unsound mind.
4.
Write short notes: Discharge of the accused
Write short notes: Suicidal death reported to the police station
Write short notes: Compounding of offences
Write short notes: Difference between cognizable and non-cognizable offences
Write short notes: Charge and its contents
5.
Write short notes: Opinion of third person becomes relevant
Write short notes: Identification parade
Write short notes: Facts which need not be proved
Write short notes: Leading questions, when and when not to be asked
Write short notes: Public documents and certified copies of public documents
6.
Describe the following Doctrine of Estoppel
Describe the following Accomplice