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14-Feb-2023 Mock Paper [8]

Subject: Criminal Procedure Code

Q. 1. Write note: 'Bar to take cognizance of certain offence &r lapse of the period of limitations'.

Q. 2. What is procedure for a summary trial by a magistrate ?

Q. 3. What charge is to be framed if it is doubtful as to what offence has been made out ? Explain with
illustration.

Q. 4. ''Bail can only be a matter of discretion if the offence is non-bailable and the scope of discretion
depends upon various considerations.'' Discuss.

Q. 5. Write a Judgment on following facts:


(Candidates shall write the facts in detail and write judgment based on their imagination power).

On dated 10 January, at 8:30 pm. 'A' closed and locked his shop and went home.
On dated 11 January, at 9:00 am. 'A' went to his shop. That time 'A' found that his shop was open,
locks were broken and cash ₹ 1,000 were stolen from counter.
A' lodged report with city Police Station Chandrapur, and crime registered.
Investigation Officer prepared spot Panchnama. On the basis of footage of CCTV camera, installed
in the shop, accused was arrested. Disclosure statement of accused was recorded. Investigation
Officer submitted chargesheet before the JMFC Court at Chandrapur.

On trial 'A' (PW1), spot panch (PW2), Investigation officer (PW3) and another panch on disclosure
statement (PW4) supported to prosecution.

Assistant Public Prosecutor argued that accused was seen in the CCTV footage.
The accused shown the spot of occurrence before panch. Thus, the charge proved.

Defence lawyer submitted that printout of the CCTV footage are not proved legally. There is no eye
witness of the occurrence. Rest evidence is insufficient to prove the charge. Therefore accused may
be acquitted.

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Author: Adv. Sagar Badade ( सागर बडदे )

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