CRPC Mains Questions Series Part IX: Important Questions for Judiciary, APO & University Exams | Part - IX of XI
Legal Bites brings to you CRPC Mains Questions Series Part IX.
Legal Bites brings to you CRPC Mains Questions Series Part IX. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.
CRPC Mains Questions Series Part IX of XI
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer reflects the knowledge of an aspirant and his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months before the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. The candidate’s confidence level and scores will improve upon following it.
CRPC Mains Questions Series | Part – IX of XI
Comment on the following:
- Court not to alter judgment.
- Copy of judgment to be given to the accused and other persons.
A is tried by a court of session and he is convicted. The court passes a sentence of imprisonment for two months and Rs. 200 as fine. A wants to file an appeal in the High Court against his conviction. Advice. [UPCJ, 1997]
State whether a revision of appeal lies in the following cases, and in which Court?
- A First Class Magistrate with summary powers in a summary trial convicts the accused to a fine of Rs. 150.
- A Sessions Judge in a Sessions Trial convicts the accused to two weeks of rigorous imprisonment.
- A Second Class Magistrate discharges the accused before framing the charge-sheet in a warrant case.
Does an appeal lie where a Magistrate of the 1st class passes only a sentence of fine not exceeding one hundred rupees? [MPHJS 2006, UPHJS 2009, WBJS 2000]
A High Court convicts a person and passes a sentence of imprisonment for six months and also imposes a fine of Rs. 200. The convict wants to prefer an appeal against such conviction by the High Court. Is his appeal maintainable?
A and B are tried by a court for the same offence. The trial court convicted accused A and passes a sentence which is appealable, while the court convicting the accused B passes a sentence which is not appealable. B wants to prefer the appeal. Advise B.
A, an accused is convicted by Magistrate B while the accused A was already in jail. A, after conviction, files an application for bail under Section 389. The same is rejected by the B. Thus, A could not come out of jail and take help from his friends or relatives to engage a lawyer to prefer an appeal. Can A prefer an appeal from jail? State with reasons.
X is tried and convicted by a court of session under Section 376 I.P.C. for the offence of rape. X prefers an appeal in the High Court against the order of conviction passed by the Sessions Judge. On appeal, the High Court is satisfied that there is no sufficient material to convict accused X. Consequently, the High Court discharges the accused. Is the order of discharge passed by the High Court legal? Give the relevant provision of Cr. P.C. in this regard, if any, and also refer to the case law on the point, if any.
A, an accused is charged and convicted for theft under Section 380 (theft in a building) of I.P.C. by a Magistrate, for 2 years imprisonment. Convict A prefers an appeal against the conviction. The appellate court alters the finding and convicts the accused under Section 379 (theft simpliciter) but maintains the sentence of imprisonment of 2 years. Is the order passed by the appellate court sustainable at law? Give reasons in support of your answer.
A is charged and tried for the offence of ‘criminal (dishonest) misappropriation’ and convicted. He files an appeal under Section 386 (b) (ii), Cr. P.C. against the judgment of conviction passed by the trial court. On appeal, the appellate court alters the finding in regard to the offence of ‘criminal breach of trust’ and enhances the sentence of imprisonment passed by the trial court. Is the order passed by the appellate court under Section 386(b) (i) legal? Give reasons in support of your answer and refer to the case law, if any, on the point.
A, an accused is convicted by the trial court. Being aggrieved by the order of conviction passed by the trial court, convict A prefers an appeal in the appellate court. The appeal is admitted by the appellate court. But on the date of the hearing fixed by the appellate court, neither the appellant nor his lawyer appears before the appellate court. The appellate court further fixed the date of hearing.
Again neither appellant nor his lawyer appeared before the appellate court. The appellate court dismissed the appeal without going into the merit of the case on the ground of the non-appearance of the appellant or his lawyer. Is the order of dismissal passed by the appellate court legal? Give reasons in support of your answer and refer to case law, if any, on the point.
A is charged under Section 302 for the murder of B. He is tried by the Sessions Judge and acquitted. The State prefers an appeal to the High Court against the order of acquittal passed by the Sessions Judge. During the hearing of an appeal, the Public Prosecutor did not appear before the High Court. The High Court dismissed the appeal without going into the merit of the case on the ground that the Public Prosecutor was absent on the dates of hearing. Is the order of dismissal of appeal passed by the High Court legal? Refer to case laws, if any, on the point.
A is prosecuted under Section 302 I.P.C. for the murder of B and is acquitted by the trial court. The State prefers an appeal in the High Court against such acquittal. The appeal is admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal. Can the prosecution do so? Give reasons in support of your answer and also refer to the ‘authority’, if any, on the point.