Paper-II (Criminal Law)

HIGH COURT OF BALOCHISTAN, QUETTA. EXAMINATION, 2024 FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES-CUM-JUDICIAL MAGISTRATES (BPS-18) Subject: Paper II (Criminal Law) Time Allowed: 03 Hours Maximum Marks: 100 NOTE: (i) QUESTION No. 1 is COMPULSORY. (ii) Attempt any Nine Questions from question numbers 02 to 12. Q. No.1 (A). Write a judgment of the following facts: "The prosecution has submitted a report under section 173 Cr.P.C in the court of magistrate first class Quetta against the accused Mr. X for stealing a motorbike from a dwelling house situated on Spini Road Quetta on the intervening night of 28th and 29th June 2024. The Evidence Includes the complainant, one recovery witness of the said motorbike which was recovered on the lead of the accused Mr. X on 3rd day of his remand during police custody. The accused has been arrested on basis of supplementary statement of the complainant. The police report also includes a statement of an independent witness who has alleges Mr. X to be an habitual thief according to his estimates. The Investigation Officer has also exhibited the original documents of the motor bike through challan." (Marks 20) Q.No.2. Write a comprehensive note on identification parade highlighting its evidentiary value, while appreciation evidence. (Marks 10) Q.No.3. Write a note on the following: i. Confessional Statement ii. Statement of accused under Section 342 Cr.P.C. iii. Statement of accused under Section 340(2) Cr.P.C. vi. Plead guilty. v. Common intention. (Marks 10) Q.No.4. What is meant by disclosure of an accused during investigation? When it is admissible? (Marks 10) Q.No.5. Define charge, alteration, error and its effect as well as effect of alteration of charge on trial. (Marks 10) Q.No.6. Explain as to how proclamation proceedings against an absconder are conducted and what steps are required to be taken for proclamation of his attendance in court. (Marks 10) Q.No.7. Explain the concept of safe custody, safe transmission and sampling of recovered "psychotropic substance" in the trial conducted under the Control of Narcotic Substances Act 1997. (Marks 10) Q.No.8. Explain Sections 16 & 17 of the Prevention of Electronic Crimes Act 2016. (Marks 10) Q.No.9. Explain the burden of proof in a criminal case as well as hearsay evidence. (Marks 10) Q.No.10. Elaborate the procedure adopted by a court of Magistrate in conducting judicial proceedings when a petition is filed against a respondent for obtaining security bond and to secure his/her good behavior of peace. (Marks 10) Q.No.11. Define the following: i. Valuable security. ii. Wrongful gain iii. Counterfeit. vi. Criminal conspiracy. v. Criminal intimidation. (Marks 10) Q.No.12. Is Section 103 Cr.P.C applicable in Narcotic cases, if not, under what provision of law? And Write down a judicial Superdari order of a vehicle on behalf of the registered and lawful owner being taken into police custody in a narcotic case on account of recovery of 10 kgs Opium form its secret cavities. (Marks 10)