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Important CrPC Questions for MP Judiciary Preparation 2022

Author : Palak Khanna

September 21, 2022

SHARE

It can be overwhelming to prepare the CrPC section if you are a beginner. We have prepared an overview of the most important Code of Criminal Procedure questions for the upcoming 2022 Judiciary exams.

Don’t procrastinate. It’s time for some real action! Keep your mobile on silent, and move to the most quiet and comfortable corner of your house because we are all set to tell you the most important CrPC topics. 

Are you good to go, friend? Read this post to know the most important past year questions of M.P. Judiciary from 2019 till 2013.

Latest Updates

MP Judiciary Mains exam is rescheduled for August 27 - August 28, 2022 to be held at Shriram Institute of Technology, Near ITI as per the following schedule.

Date: 27-08-2022 

Day: Saturday

Time: 

  • Paper 1: 09:30 a.m to 12:30 p.m. 
  • Paper 2: 02:30 p.m. to 05:30 p.m. 

Date: 28-08-2022

Day: Sunday

Time: 

  • Paper 3: 09:30 a.m. to 12:30 p.m.
  • Paper 4: 02:30 p.m. to 05:30 p.m. 

Important CrPC Questions for M.P. Judiciary Prelims Preparation 2022

CrPC holds utmost significance in the Civil Judge exams. Having a good understanding of the essential questions for the Judiciary Preliminary Examination will add four moons to your Civil Judge preparation.

Our experts suggest that the judiciary aspirants can certainly expect 15 questions of mark each in the Prelims of Madhya Pradesh Judiciary exam.

Download FREE Study Material for MP Judiciary Exam by Judiciary Gold

Go through the following questions to boost your score in the Prelims Paper of MP Judiciary exams. 

Question 1) Section 436A of the Code of Criminal Procedure, 1973, provides for the grant of bail to an accused pending trial if:

(a) He has undergone detention for one-fourth period of imprisonment specified for the offense for which he is being tried

(b) He has undergone detention for a one-third period of imprisonment specified for the offense for which he is being tried.

(c) He has undergone detention for a one-half period of imprisonment specified for the offense for which he is being tried.

(d) (a) and (b) above

Question 2) Which of the following sections of the criminal procedure code, 1973 provides that "no judge or magistrate shall try any case in which he is personally interested"?

(a) Sec. 478

(b) Sec. 477

(c) Sec. 479

(d) Sec. 481

Question 3) Under the criminal procedure code, 1973, what is the period of limitation prescribed for taking cognizance of an offense punishable with imprisonment for a term exceeding three years?

(a) Three years

(b) Two years

(c) Five years

(d) No limit on the period prescribed

Question 4) Under Criminal Procedure Code, 1973, if a person is arrested by a Police Officer without a warrant, whether such person has been admitted to bail or otherwise, the officer-in-charge of the police station shall report to:

(a) The District Magistrate only

(b) The sub-divisional Magistrate only

(c) The District Magistrate or if he so directs. to the Sub-divisional Magistrate

(d) The Judicial Magistrate having jurisdiction

Question 5) Recently, in one of the following cases, the Supreme Court has given directions for the medical treatment of the victim of an acid attack.

(a) State of MP vs. Madan Lal

(b) Laxmi vs. Union of India

(c) Jaguar Singh vs. the State of Haryana

(d) None of the above

Question 6) Which of the following statements is wrong:

(a) Oath may be administered to an accused before her examination under section 313 CrPC

(b) Accused can refuse to answer any question when he is examined under section 313 CrPC

(c) Accused can be put in any question by the Court at any trial stage.

(d) Evidence that incriminates the accused has to be put to him or her by the Court.

Question 7) Under the Criminal Procedure Code, 1973, what is the effect of a trial conducted in the wrong place?

(a) Vitiate itself

(b) Vitiate if caused the failure of justice

(c) Seriousness has to be seen 

(d) Is to be referred to Session Judge

MP Judiciary mock test

MP Judiciary mock test

Question 8) Under the Criminal Procedure Code, 1973, whether an accused may be a competent witness in his defense?

(a) On his request in writing

(b) On mere oral request

(c) With the leave of the Court of Session

(d) With the leave of C.M.J. only

Question 9) Which Section of the Code of Criminal Procedure provides protection to the members of the Armed Forces from arrest?

(a) Section 41

(b) Section 45

(c) Section 46

(d) Section 50

Question 10) Under section 216 of CrPC, the Court has the power to:

(a) Add to the charge (s) already framed 

(b) Alter the charge (s) already framed

(c) Neither to alter nor to add to the charge already framed

(d) Add to and alter the charge both

Important CrPC Questions for M.P. Judiciary Mains Preparation 2022

There are two patterns of CrPC questions in the Mains Paper of the M.P. Judiciary. Either, you can expect two questions of 8 each mark each, totaling 16 marks. Or, four questions of 4 marks each with one option of choosing between any four questions. 

On average, 4-5 questions are asked from the CrPC section in the Mains paper Madhya Pradesh Civil Judge exam. This topic holds a weightage of 16-20 marks which is more than enough to mark a difference in your final rank.

Here are the most crucial past year questions for M.P. Judiciary Preparation from the Code of Criminal Procedure.

Question 1) For what offenses/ or accused persons are Plea Bargaining under Chapter XXI-A of Code of Criminal Procedure, 1973 applicable? (3rd Paper of C.J. Mains-2019)

Question 2) Describe the guidelines provided under Section 265C of the Code of Criminal Procedure for mutually satisfactory disposition of Criminal cases on the basis of P]ea Bargaining.

Question 3) Distinguish between cognizable and non-cognizable offenses. (3rd Paper of C.J. Mains-2013)

Question 4) Describe the powers of Criminal Courts to inflict punishments. (3rd Paper of C.J. Mains-2012)

Question 5) Frame the charge and write a judgment on the basis of the 40 allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law. (3rd Paper of C.J. Mains-2014)

Question 6) Explain the circumstances in which release on bail is mandatory. What is First Information Report? Discuss its evidentiary value. What is the difference between F.I.R. and the complaint? (3rd Paper of C.J. Mains-2019)

Question 7) a) What is the procedure for recording evidence in the absence of the accused? Whether the evidence adduced in the trial of co-accused can be used against the absconding accused of the same case? 

(b) Define charge. Can a court alter the charge? If so, under what circumstances and up to what stage? (3rd Paper of C.J. Mains-2018)

MP Judiciary Preparation Tips

MP Judiciary Preparation Tips

Question 8) a) "Every offense shall be ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed." Examine this proposition of law. Do you think there is any exception to this rule?

(b) What procedure is followed by a magistrate on receiving a complaint under the Code of Criminal Procedure? (3rd Paper of C.J. Mains-2017)

Question 9) a) Please discuss discharge and acquittal.

(b) State briefly the provision related to section 357 of Cr.P.C. in light of the state amendment of Madhya Pradesh. (3rd Paper of C.J. Mains-2016)

Question 10) a) What is "Plea-Bargaining"? Discuss its scope and application.

(b) What are the provisions relating to the sentence of imprisonment in default of payment of fine, and what is the maximum period of imprisonment in default of penalty when the offense is punishable with a fine only? (3rd Paper of C.J. Mains-2015)

Important CrPC Questions for M.P. Judiciary Judgement Writing in Criminal Law

Judgement Writing in Criminal Law of MP Civil Judge exam demands an indepth understanding of the CrPC concecpts. If you attempt Judgement Writitng with a right approach, it can easily fetch you 35-38 marks out of 40. 

We have carefully curated the Judgement Writitng questions from previous years MP Judiciary exam. 

Question 1) Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law.

Prosecution Case:- Prosecution story, in a nutshell, is that on the night of 2 July 2018 at about 08.15, complainant Ramesh who is lame, reached his home at Kandeli Narsinghpur and found accused Manu and Ballu having liquor in front of the gate of his house. Ramesh warned them not to consume liquor. Accused Manu and Ballu used filthy language about his mother and sister and also said that a lame cannot do anything to them. Ramesh entered his house and requested both the accused not to consume liquor as that was his prayer time; thereafter, both the accused entered the house of Ramesh and thrashed him with kicks and fists. Manu picked up a stick and gave a stick blow to Ramesh, resulting in injury to the little finger of his left hand. On screaming of Ramesh, Rahees and Ramlal came there and rescued him. Thereafter, both the accused went away from the spot, and Ramlal took the injured Ramesh to Police Station Kotwali, Narsinghpur, on his bicycle, where Ramesh lodged a complaint against the accused persons.

The injured Ramesh was medically examined at the instance of police station Kotwali, in District hospital, Narsinghpur. As per the medical report, three injuries, i.e., on the right cheek, back, and little finger of the left hand caused by a hard & blunt object within 24 hours of examination, were found on the body of Ramesh. X-ray was advised for the injury of the little finger of the left hand, in which fracture was reported by a Radiologist on examination of X-ray film. The investigating Officer prepared a spot map on 3 July 2018 and recorded the statements of witnesses. Investigating Officer arrested both the accused on 5 July 2018 and prepared a memo of arrest, and seized a stick of Babool from accused Manu in the presence of witnesses. After completing the investigation, a charge sheet was filed in Court.

Defense Plea:- Both the accused advanced defense that the complainant has a grudge against them because they did not lend money to him. The accused persons took a defence that complainant Ramesh fell down due to deformity in his leg, and he has lodged a false complaint against them to get monetary benefits in the name of injuries.

Defence Plea Both the accused advanced defense that the complainant has a grudge against them because they did not lend money to him. The accused persons took a defence that complainant Ramesh fell down due to a deformity in his leg, and he has lodged a false complaint against them to get monetary benefits in the name of injuries.

Evidence for the Prosecution:- Complainant Ramesh (P.W.1) stated that on the night of 2 July 2018, at about 08.15, complainant Ramesh who is lame, reached his home at Kandeli Narsinghpur and found accused Manu and Ballu having liquor in front of the gate of his home. Ramesh warned them not to consume liquor. Accused Manu and Ballu started abusing his mother and sister and said a lame could not do anything to them. Ramesh entered his house. Thereafter, both the accused also entered the house of Ramesh and beat him with kicks and fists. Manu picked up a stick lying nearby and gave a stick blow to Ramesh, and he got injuries in the little finger of left hand. The complainant went to police station Kotwali, Narsinghpur, and lodged a complaint exhibit P-1.

Dr. Manoj Shrivastava (P.W.2) stated that the injuries on the body of Ramesh (P.W.1) may be caused by hard and blunt object inflicted within 24 hours of examination and a fracture of little finger of left hand was found.

Evidence for Defence:- Accused persons examined his neighbor Shyam (D.W.1), who deposed that Ramesh has also lodged the same type of complaints with the similar type of allegations against two other persons and compounded the same after getting money. On refusing to advance money to the complainant, he has filed a present false report against them.

Arguments of Prosecutor:- Prosecution case is supported with medical evidence. There is no ground in existence to disbelieve the testimony of the victim. So, both the accused are liable to be convicted under sections 294, 452, and 325 of the Indian Penal Code.

Arguments of Defence Counsel:- No independent witness from the locality has been examined by the prosecution. As per the opinion of Dr. Manoj Shrivastava (P.W.2) the injuries found on the body of Ramesh may be inflicted due to falling down. Their defence is proved to be the preponderance of probability. So, they are entitled to be exonerated from the charges with which they are subjected to the trial. (4th Paper of C.J. Mains-2019)

MP Judiciary Question Paper

Question 2) Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law. 

Prosecution Case:- Prosecution story in brief, around 04:00 PM complainant 'A' came at P.S. Nagalwadi District Barwani and stated that on 14.11.2016 at about 03:45 PM., his brother' D' came outside her house situated near the middle school and demanded money. On refusal to give money, 'A' abused and used filthy words for her mother and sisters and caused razor blade injuries on her hand from which blood was oozing out. She also stated that 'D' also threatened to cause her death. Her mother 'B' and neighbor C had, intervened. On the bases of her statement, A.S.I. 'H' recorded First Information Report U/s 294, 323, and 506 IPC against 'D'.

Thereafter, the investigation was conducted and during investigation 'A' was sent for medical examination. Razor blade was seized from 'D'. On chemical examination, presence of human blood was confirmed on a razor blade. In medical examination incised wound of simple nature was found over the right hand of 'A'. Statement of 'A' was recorded u/s 161 Cr.P.C. After completion of investigation, charge sheet was filed. 

Defence Plea:- Accused' D' was charged and pleaded not guilty and claimed him innocent. 

Evidence for prosecution:- Evidence was adduced on behalf of the prosecution, which substantially supported the case of the prosecution. In court, 'A' stated that on 14.11.2016 at about 03:45 PM., she was sitting outside her house along with her mother 'B' and neighbor 'C'. At the same time, accused 'D' came and demanded money from her and on refusal he uttered some filthy words and caused razor blade injury on her right hand. Blood was oozing out of the injury. 'B' and 'C' intervened and took her to P.S. Barwani. She admitted her signature on F.I.R. [P-1] and site spot map [P-2]. In her cross-examination, she has admitted that she has taken Rs. 10,000/- loan from her brother which she has not repaid yet also that no injury was caused on her left hand. She has denied false implication of 'D' in order to avoid repayment of loan amount. 

Mother' B' deposed that she was inside her home, on hearing hue and cry of her daughter she came out and saw blood on her daughter's hand and whereas 'D' was escaping from the spot. 

Neighbour 'C' did not support the prosecution case, and he was declared hostile. 

'Doctor also supported the case of the prosecution and deposed during the medical examination he found an incised bound of .3x.5 inches on the right hand of 'A''and multiple superficial incised wound over left forearm caused by Sharp edge object. As per the doctor, injuries may be caused by sharp cutting objects within 6 Hours of his examination, for which his M.L.C. report is EX P-3. In his class examination, he denied the suggestion that injuries found on the body of the injured were self-inflicted. 

I.O. 'H' has supported F.I.R. and incident site map [P-2] and seizer of a razor blade. 

Evidence for defense:- The accused 'D' in his examination of 313 Cr.P.C. denied allegations against him and took a defense that in order to evade payment of loan money Rs. 10,000/- her sister has falsely implicated him. 

Arguments of Prosecutor:- The prosecution has argued that the prosecution has proved its case beyond any reasonable doubt, and charges against the accused have been proved. Hence accused is liable to be convicted. 

Arguments of Defence Counsel:- On behalf of the accused, it has been argued that there is no eyewitness to the incident. The testimony of the complainant is doubtful. On account of loan transaction, he has falsely been implicated. Hence be acquitted. (2018)

Also Read: Important Judgement Writing Questions for Judiciary Exam 2022
 

Frequently Asked Questions

 Any judicial magistrate may record any confession or a statement made him in the course of an investigation
Acquittal of accused is the result of compounding an offense under the provisions of the code in a criminal case when the charge was framed.
 Under Section 428, the period of detention undergone by a convict cannot be set off in an another case.
Under section 357A (2) CrPC, State or District Legal Services Authority (DLSA) is authorized to decide the quantum of compensation. 
A victim file an appeal against any judgment passed by the Court where the Court imposes an inadequate sentence.
  • Home
  • Important CrPC Quest...

Important CrPC Questions for MP Judiciary Preparation 2022

Author : Palak Khanna

Updated On : September 21, 2022

SHARE

It can be overwhelming to prepare the CrPC section if you are a beginner. We have prepared an overview of the most important Code of Criminal Procedure questions for the upcoming 2022 Judiciary exams.

Don’t procrastinate. It’s time for some real action! Keep your mobile on silent, and move to the most quiet and comfortable corner of your house because we are all set to tell you the most important CrPC topics. 

Are you good to go, friend? Read this post to know the most important past year questions of M.P. Judiciary from 2019 till 2013.

Latest Updates

MP Judiciary Mains exam is rescheduled for August 27 - August 28, 2022 to be held at Shriram Institute of Technology, Near ITI as per the following schedule.

Date: 27-08-2022 

Day: Saturday

Time: 

  • Paper 1: 09:30 a.m to 12:30 p.m. 
  • Paper 2: 02:30 p.m. to 05:30 p.m. 

Date: 28-08-2022

Day: Sunday

Time: 

  • Paper 3: 09:30 a.m. to 12:30 p.m.
  • Paper 4: 02:30 p.m. to 05:30 p.m. 

Important CrPC Questions for M.P. Judiciary Prelims Preparation 2022

CrPC holds utmost significance in the Civil Judge exams. Having a good understanding of the essential questions for the Judiciary Preliminary Examination will add four moons to your Civil Judge preparation.

Our experts suggest that the judiciary aspirants can certainly expect 15 questions of mark each in the Prelims of Madhya Pradesh Judiciary exam.

Download FREE Study Material for MP Judiciary Exam by Judiciary Gold

Go through the following questions to boost your score in the Prelims Paper of MP Judiciary exams. 

Question 1) Section 436A of the Code of Criminal Procedure, 1973, provides for the grant of bail to an accused pending trial if:

(a) He has undergone detention for one-fourth period of imprisonment specified for the offense for which he is being tried

(b) He has undergone detention for a one-third period of imprisonment specified for the offense for which he is being tried.

(c) He has undergone detention for a one-half period of imprisonment specified for the offense for which he is being tried.

(d) (a) and (b) above

Question 2) Which of the following sections of the criminal procedure code, 1973 provides that "no judge or magistrate shall try any case in which he is personally interested"?

(a) Sec. 478

(b) Sec. 477

(c) Sec. 479

(d) Sec. 481

Question 3) Under the criminal procedure code, 1973, what is the period of limitation prescribed for taking cognizance of an offense punishable with imprisonment for a term exceeding three years?

(a) Three years

(b) Two years

(c) Five years

(d) No limit on the period prescribed

Question 4) Under Criminal Procedure Code, 1973, if a person is arrested by a Police Officer without a warrant, whether such person has been admitted to bail or otherwise, the officer-in-charge of the police station shall report to:

(a) The District Magistrate only

(b) The sub-divisional Magistrate only

(c) The District Magistrate or if he so directs. to the Sub-divisional Magistrate

(d) The Judicial Magistrate having jurisdiction

Question 5) Recently, in one of the following cases, the Supreme Court has given directions for the medical treatment of the victim of an acid attack.

(a) State of MP vs. Madan Lal

(b) Laxmi vs. Union of India

(c) Jaguar Singh vs. the State of Haryana

(d) None of the above

Question 6) Which of the following statements is wrong:

(a) Oath may be administered to an accused before her examination under section 313 CrPC

(b) Accused can refuse to answer any question when he is examined under section 313 CrPC

(c) Accused can be put in any question by the Court at any trial stage.

(d) Evidence that incriminates the accused has to be put to him or her by the Court.

Question 7) Under the Criminal Procedure Code, 1973, what is the effect of a trial conducted in the wrong place?

(a) Vitiate itself

(b) Vitiate if caused the failure of justice

(c) Seriousness has to be seen 

(d) Is to be referred to Session Judge

MP Judiciary mock test

MP Judiciary mock test

Question 8) Under the Criminal Procedure Code, 1973, whether an accused may be a competent witness in his defense?

(a) On his request in writing

(b) On mere oral request

(c) With the leave of the Court of Session

(d) With the leave of C.M.J. only

Question 9) Which Section of the Code of Criminal Procedure provides protection to the members of the Armed Forces from arrest?

(a) Section 41

(b) Section 45

(c) Section 46

(d) Section 50

Question 10) Under section 216 of CrPC, the Court has the power to:

(a) Add to the charge (s) already framed 

(b) Alter the charge (s) already framed

(c) Neither to alter nor to add to the charge already framed

(d) Add to and alter the charge both

Important CrPC Questions for M.P. Judiciary Mains Preparation 2022

There are two patterns of CrPC questions in the Mains Paper of the M.P. Judiciary. Either, you can expect two questions of 8 each mark each, totaling 16 marks. Or, four questions of 4 marks each with one option of choosing between any four questions. 

On average, 4-5 questions are asked from the CrPC section in the Mains paper Madhya Pradesh Civil Judge exam. This topic holds a weightage of 16-20 marks which is more than enough to mark a difference in your final rank.

Here are the most crucial past year questions for M.P. Judiciary Preparation from the Code of Criminal Procedure.

Question 1) For what offenses/ or accused persons are Plea Bargaining under Chapter XXI-A of Code of Criminal Procedure, 1973 applicable? (3rd Paper of C.J. Mains-2019)

Question 2) Describe the guidelines provided under Section 265C of the Code of Criminal Procedure for mutually satisfactory disposition of Criminal cases on the basis of P]ea Bargaining.

Question 3) Distinguish between cognizable and non-cognizable offenses. (3rd Paper of C.J. Mains-2013)

Question 4) Describe the powers of Criminal Courts to inflict punishments. (3rd Paper of C.J. Mains-2012)

Question 5) Frame the charge and write a judgment on the basis of the 40 allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law. (3rd Paper of C.J. Mains-2014)

Question 6) Explain the circumstances in which release on bail is mandatory. What is First Information Report? Discuss its evidentiary value. What is the difference between F.I.R. and the complaint? (3rd Paper of C.J. Mains-2019)

Question 7) a) What is the procedure for recording evidence in the absence of the accused? Whether the evidence adduced in the trial of co-accused can be used against the absconding accused of the same case? 

(b) Define charge. Can a court alter the charge? If so, under what circumstances and up to what stage? (3rd Paper of C.J. Mains-2018)

MP Judiciary Preparation Tips

MP Judiciary Preparation Tips

Question 8) a) "Every offense shall be ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed." Examine this proposition of law. Do you think there is any exception to this rule?

(b) What procedure is followed by a magistrate on receiving a complaint under the Code of Criminal Procedure? (3rd Paper of C.J. Mains-2017)

Question 9) a) Please discuss discharge and acquittal.

(b) State briefly the provision related to section 357 of Cr.P.C. in light of the state amendment of Madhya Pradesh. (3rd Paper of C.J. Mains-2016)

Question 10) a) What is "Plea-Bargaining"? Discuss its scope and application.

(b) What are the provisions relating to the sentence of imprisonment in default of payment of fine, and what is the maximum period of imprisonment in default of penalty when the offense is punishable with a fine only? (3rd Paper of C.J. Mains-2015)

Important CrPC Questions for M.P. Judiciary Judgement Writing in Criminal Law

Judgement Writing in Criminal Law of MP Civil Judge exam demands an indepth understanding of the CrPC concecpts. If you attempt Judgement Writitng with a right approach, it can easily fetch you 35-38 marks out of 40. 

We have carefully curated the Judgement Writitng questions from previous years MP Judiciary exam. 

Question 1) Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law.

Prosecution Case:- Prosecution story, in a nutshell, is that on the night of 2 July 2018 at about 08.15, complainant Ramesh who is lame, reached his home at Kandeli Narsinghpur and found accused Manu and Ballu having liquor in front of the gate of his house. Ramesh warned them not to consume liquor. Accused Manu and Ballu used filthy language about his mother and sister and also said that a lame cannot do anything to them. Ramesh entered his house and requested both the accused not to consume liquor as that was his prayer time; thereafter, both the accused entered the house of Ramesh and thrashed him with kicks and fists. Manu picked up a stick and gave a stick blow to Ramesh, resulting in injury to the little finger of his left hand. On screaming of Ramesh, Rahees and Ramlal came there and rescued him. Thereafter, both the accused went away from the spot, and Ramlal took the injured Ramesh to Police Station Kotwali, Narsinghpur, on his bicycle, where Ramesh lodged a complaint against the accused persons.

The injured Ramesh was medically examined at the instance of police station Kotwali, in District hospital, Narsinghpur. As per the medical report, three injuries, i.e., on the right cheek, back, and little finger of the left hand caused by a hard & blunt object within 24 hours of examination, were found on the body of Ramesh. X-ray was advised for the injury of the little finger of the left hand, in which fracture was reported by a Radiologist on examination of X-ray film. The investigating Officer prepared a spot map on 3 July 2018 and recorded the statements of witnesses. Investigating Officer arrested both the accused on 5 July 2018 and prepared a memo of arrest, and seized a stick of Babool from accused Manu in the presence of witnesses. After completing the investigation, a charge sheet was filed in Court.

Defense Plea:- Both the accused advanced defense that the complainant has a grudge against them because they did not lend money to him. The accused persons took a defence that complainant Ramesh fell down due to deformity in his leg, and he has lodged a false complaint against them to get monetary benefits in the name of injuries.

Defence Plea Both the accused advanced defense that the complainant has a grudge against them because they did not lend money to him. The accused persons took a defence that complainant Ramesh fell down due to a deformity in his leg, and he has lodged a false complaint against them to get monetary benefits in the name of injuries.

Evidence for the Prosecution:- Complainant Ramesh (P.W.1) stated that on the night of 2 July 2018, at about 08.15, complainant Ramesh who is lame, reached his home at Kandeli Narsinghpur and found accused Manu and Ballu having liquor in front of the gate of his home. Ramesh warned them not to consume liquor. Accused Manu and Ballu started abusing his mother and sister and said a lame could not do anything to them. Ramesh entered his house. Thereafter, both the accused also entered the house of Ramesh and beat him with kicks and fists. Manu picked up a stick lying nearby and gave a stick blow to Ramesh, and he got injuries in the little finger of left hand. The complainant went to police station Kotwali, Narsinghpur, and lodged a complaint exhibit P-1.

Dr. Manoj Shrivastava (P.W.2) stated that the injuries on the body of Ramesh (P.W.1) may be caused by hard and blunt object inflicted within 24 hours of examination and a fracture of little finger of left hand was found.

Evidence for Defence:- Accused persons examined his neighbor Shyam (D.W.1), who deposed that Ramesh has also lodged the same type of complaints with the similar type of allegations against two other persons and compounded the same after getting money. On refusing to advance money to the complainant, he has filed a present false report against them.

Arguments of Prosecutor:- Prosecution case is supported with medical evidence. There is no ground in existence to disbelieve the testimony of the victim. So, both the accused are liable to be convicted under sections 294, 452, and 325 of the Indian Penal Code.

Arguments of Defence Counsel:- No independent witness from the locality has been examined by the prosecution. As per the opinion of Dr. Manoj Shrivastava (P.W.2) the injuries found on the body of Ramesh may be inflicted due to falling down. Their defence is proved to be the preponderance of probability. So, they are entitled to be exonerated from the charges with which they are subjected to the trial. (4th Paper of C.J. Mains-2019)

MP Judiciary Question Paper

Question 2) Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions of the concerning law. 

Prosecution Case:- Prosecution story in brief, around 04:00 PM complainant 'A' came at P.S. Nagalwadi District Barwani and stated that on 14.11.2016 at about 03:45 PM., his brother' D' came outside her house situated near the middle school and demanded money. On refusal to give money, 'A' abused and used filthy words for her mother and sisters and caused razor blade injuries on her hand from which blood was oozing out. She also stated that 'D' also threatened to cause her death. Her mother 'B' and neighbor C had, intervened. On the bases of her statement, A.S.I. 'H' recorded First Information Report U/s 294, 323, and 506 IPC against 'D'.

Thereafter, the investigation was conducted and during investigation 'A' was sent for medical examination. Razor blade was seized from 'D'. On chemical examination, presence of human blood was confirmed on a razor blade. In medical examination incised wound of simple nature was found over the right hand of 'A'. Statement of 'A' was recorded u/s 161 Cr.P.C. After completion of investigation, charge sheet was filed. 

Defence Plea:- Accused' D' was charged and pleaded not guilty and claimed him innocent. 

Evidence for prosecution:- Evidence was adduced on behalf of the prosecution, which substantially supported the case of the prosecution. In court, 'A' stated that on 14.11.2016 at about 03:45 PM., she was sitting outside her house along with her mother 'B' and neighbor 'C'. At the same time, accused 'D' came and demanded money from her and on refusal he uttered some filthy words and caused razor blade injury on her right hand. Blood was oozing out of the injury. 'B' and 'C' intervened and took her to P.S. Barwani. She admitted her signature on F.I.R. [P-1] and site spot map [P-2]. In her cross-examination, she has admitted that she has taken Rs. 10,000/- loan from her brother which she has not repaid yet also that no injury was caused on her left hand. She has denied false implication of 'D' in order to avoid repayment of loan amount. 

Mother' B' deposed that she was inside her home, on hearing hue and cry of her daughter she came out and saw blood on her daughter's hand and whereas 'D' was escaping from the spot. 

Neighbour 'C' did not support the prosecution case, and he was declared hostile. 

'Doctor also supported the case of the prosecution and deposed during the medical examination he found an incised bound of .3x.5 inches on the right hand of 'A''and multiple superficial incised wound over left forearm caused by Sharp edge object. As per the doctor, injuries may be caused by sharp cutting objects within 6 Hours of his examination, for which his M.L.C. report is EX P-3. In his class examination, he denied the suggestion that injuries found on the body of the injured were self-inflicted. 

I.O. 'H' has supported F.I.R. and incident site map [P-2] and seizer of a razor blade. 

Evidence for defense:- The accused 'D' in his examination of 313 Cr.P.C. denied allegations against him and took a defense that in order to evade payment of loan money Rs. 10,000/- her sister has falsely implicated him. 

Arguments of Prosecutor:- The prosecution has argued that the prosecution has proved its case beyond any reasonable doubt, and charges against the accused have been proved. Hence accused is liable to be convicted. 

Arguments of Defence Counsel:- On behalf of the accused, it has been argued that there is no eyewitness to the incident. The testimony of the complainant is doubtful. On account of loan transaction, he has falsely been implicated. Hence be acquitted. (2018)

Also Read: Important Judgement Writing Questions for Judiciary Exam 2022
 

Frequently Asked Questions

 Any judicial magistrate may record any confession or a statement made him in the course of an investigation
Acquittal of accused is the result of compounding an offense under the provisions of the code in a criminal case when the charge was framed.
 Under Section 428, the period of detention undergone by a convict cannot be set off in an another case.
Under section 357A (2) CrPC, State or District Legal Services Authority (DLSA) is authorized to decide the quantum of compensation. 
A victim file an appeal against any judgment passed by the Court where the Court imposes an inadequate sentence.

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