Criminal Law #02

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Legal Aptitude 14) Criminal Law -2 Principle: A person abets the doing of a thing, ‘who insigates any person to do that thing; or engages in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy; and in order to the doing of that thing: orintentionally aids, by an act or illegal omission, the doing of that thing, Explanation: For abetment by intentional aiding, the act/ offence must have been done! committed. Facts: A servant kept open the gate of his master's house with a view to facilitate the entry of thieves. Which of the following is correct? (a) Servantis guity of abetmentof theft (b) Servantis not guilty of abetment of theft (c) Servantis guilty of negigence (d) None-ofthe above Principle: When two or more persons agree to do, or cause to be done an illegal act, or an act which is not illegal by illegal means, such an agreementis designated a criminal conspiracy. Facts: In midst of an ongoing intemal political Gisturbance in the state. five friends of a college decided to pool their resources and start manufacturing of ams and ammunitions with prior approval from the govemment. Which of the following is true? 24 (a) The friends will be quilty of criminal conspiracy (©) The friends will not be guilty of criminal conspiracy (c) The friends will be guilty of waging war against the government (d) None of the above Principle: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, is said to have committed the offence of Sedition. Explanation 1: Expressing disapproval of acts of the government in order to bring change by lawful means does not constitute sedition. Explanation 2: The essence of the crime of ‘sedition consists in the intention with which the language is used. Facts: The government ofa state deciareda state holiday and ordered stoppage of transportation and other servicesin the state on the death of the political leader ofthe party which formed the majority in the state. On the next day, a college going student said on news channel thatthe governmenthad acted mindlessly, which has caused great inconvenience to the public. Which of the followings correct? Page 74 aé CLI2L5! Legal Aptitude — 14 Legal Aptitude — 14 (a) The student may beheld guilty of sediiton | 5. for attempting to bring hatred towards the government (b) The stusent may be held guilty of sedition for attempting to excite disaffection towards the govemment (©) The student will not be held guilty of sedition (d) None of the above Principle: Whoever causes death by doing an act with the intention of causing death, or ‘with the intention of causing such bodily injury as Is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Explanation: The first test to decicte whether particular act or omission would be covered by the definition is to verity whether the act done by the accused has ‘caused’ the death of another person. Facts: A caused multiple injuries with a knife tohis wife, B. She was admitted to a hospital and was operated upon. Thereafter, she developed hyperpyrexia, 8. high temperature, as a result of which she died. This hyperpyrexia was a result of her weak debilitated condition, Which of the following is true? (a) A is not guilty of culpable homicide as 8 didnt die of the multiple injuries caused by the knife: (b) A is not guilty of culpable homicide as facts are not clear abouts intention (©) A is guilty of culpable homicide as hyperpyrexia was a direct result of the multiple injuries and hence A caused the death of B (0) None of the above Principle: Where the death of a woman is caused by any bums orbodlly injury or occurs otheradse than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, of in connection with, any demand for dowry, such death shail be called dowry death, Facts: After three months of marriage, the husband started demanding his wife to execute adeedof transferin his favour of five acres of land and a house site gifted to her 4s stridhana by her father in the marriage. When she refused, he started harassing and ii treating her. Wheniit became grave and unbearable, she committed suicide by consuming poison. Which of the following Is correct? (a) Thisis nota caseot dowry death as the demand for transfer of land and of house site was not ‘demand for dowry.” (0) Thisis nota case-ot dowry death as the -wife committed suicide and wasinot killed. (C) This is.a.case of dowry death asthe wife dies within seven years of marriage. (@) This is a case of dowry death as demands would amount to "demand for dowry: Principle: Whoever voluntarily obstructs any. person so as to prevent thal person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Facts: X wasin occupation of aroom inthe campus of Victoria school. A letter was addressed to her stating that since the managing committee has decked not toallow outsiders to reside in the campus, she was to vacate the room. X asked for some extension of time to vacate as the notice Givenwas very short. She failed to vacate the room in the given time period of 15 days, her af CL/24st Page 75 Page 76 room was locked and she was entering the room. Which of the following Is: correct? (a) X has been wrongfully restrained (b) X has been wrongfully confined {c) X hasnot been wrongfully restrained (d) X has not been wrongfully confined Principle: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumseribing limits, is said ‘wrongtully to confine’ that person. Facts: A places men with arms at the doors of the house of 8 and threatens B that the men will fire is 6 attempts to escape. Which of the following is correct? (a) Ahas kidnapped B (b) Aas abducted 6 {c) Ahas wrongfully restrained B (d) Ahas wrongfully confined Principle: Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally ‘authorised toconsent on behalf of that person, is said to kidnap that person from India. Facts: X plans to kidnap ¥ from her house in Rajasthan and marry her forcefully in Kabail, Alghanistan. To avoid detection, X decided to. take Y via the roads. X forced ¥ into a van and started driving it towards Islamabad but he was apprehended before he could cross. the Indian border. Which of the following is correct? (a) Xhas committed the offence of kidnapping ¥ from India (b) X has not committed the offence of kidnapping ¥ from India (c) The question whether X has committed the offence of kidnapping ¥ from india depends upon the intention of ¥ (d) None ofthe above from | 9. aeé CL|2E81 Principle: Whoever with intent to.cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, orany ‘such change in ary property orn the situation thereot as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. Facts: X, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under- writers, Which of the following is correct? (@) Xdid not commit the offence of mischief as it was his own ship. (b) Xdid not commit the offence of mischief as he himself sufferedthe loss () X commitied the offence of mischief as he caused destruction of the ship (d) X committed the offence of mischief as the destruction was caused with the intention of causing wrongful loss to others Principle: Whoever, having.a husband or wife living, marries in any case in which such marriages void by reason of its taking place during the life of such husband or wife, is said tohave committed the offence of bigamy. Explanation: Both first and subsequent marriage(s) should be a valid one. Facts: A married B in the year 2010. Then A married C, a 16 year old girl in 2012, without divorcing B. Which of the follawing is correct? (a) Anas committed the offence of bigamy (b) Ahasnot committed the offence of bigamy. (c) Ahas committed the offence of adultery (d) None of theabove: Legal Aptitude 14 Directions for questions 11to 23: Read the given passages and answer the questions that follow. Passage ~1 Expressing concem over the seriousness of the prevalence of the horrific social evil of child pomography, the Jairam Ramesh Committee has Fecommended important amendments to the Protection of Children From Sexual Offences Act, 2012 and the information Technology Act, 2000 besides technological, institutional, social and educational measures and state level initiatives to address the alarming issue of panagraphy on social media and its effects on children and the society as 8 whole. The 40 recommendations made by the ‘Adhoc Committee relate to adoption of a broader Gefinition of child pomography, controlling access for children to such content, coniaining generation and dissemination of Child Sexual Abuse Materia! (CAM), making accountable the Internet Service Providers and online platforms for denying access tochildren and removing such obscene content from online sites besides monitoring, detection and Femnoval of content preventing under-age use of such content, enabling parents for earty detection of accessing such content by children, enabling effective action by the governments and authorized agencies to take necessary preventive and penal measures etc Noting that the purveyorsof child pomography seem ahways to be one step ahead of the regulators, the Committee stressed on the need for implementation of its recommendations as an integrated package of measures and nat plecemeal to have any value and impact. The Committee urged the Prime Ministero take up the subject of child pomography and the measures required to combat It in one of his forthcoming 'Man Ki Baat’ broadcast besides taking the lead in building up a global political alliance to combat child pomography an social media like the International Solar Altance initiative. The Committee thas broadly sought to address two main issues viz., ‘access of children to pornographic material on social media and circulation of pomagraphic material on ‘social media in which children are abused. ‘Currently, neither Section 67 of the IT Act nor Section 233 of the Indian Penal Code define child pomograptry. Its definition derived from what constitutes pomography, which is defined as “any material which is lascivious or appeals to the prurient interests or if its effect is such as to tend to deprave or comuptthe minds of those who are likely tosee, read and hear the same.* Therefore, Law enforcement agencies: ‘should be able to break end-to-end encryption to ‘hunt down distributors of child pornography online, ‘Committee has urged as the nation locks to regulate ‘social media. 11. Under the POCSO Act, 2012, schoo! ‘management should be responsible for safety ‘of children within schools and any other programmes with which the school is associated. A high-school girl, incapacitated by alcohol, was publicly and repeatedly ‘Sexually assaulted by her peersin the school, several of whom documented the acts on ‘socal media. Based on the author's reasoning and the mandate of the law in the passage above, choose the most appropriate option. {a) School management is liable because management is the owner of the school. {b) School management is liable, because ‘safety of children within schoo! is the prerogative and duty of the management. (c) School management is not liable, because victim's peers are not under management is the master and the act was committed by the servant during the course of his duty. Legal Aptitude — 14 aé CL|24! Page 77 12. 13, Inspite of many penal laws and the recent POSCO Act, 2012 prescribing severe punishment for crimes against children, the number of such cases has increased. There are a few of the cases of abuse of children, ranging fram 11 months to 10 years. reported inthe Media. Based on the author's argument, which is the most plausible cause behind rising crimes against children? 1. Collective failure of technological, institutional, social and educational measures and state level initiative. 2. Lack of a broader definition of child pornography. 3. Non-cooperation of Internet Service Provider with Law enforcement agencies in providing decryption keys. 4. Existence of inefficient ‘Administration Police Choose the most appropriate choices. (a)Allof the above (b) Only 4 (0)283 (8) 1,283 Amanisssaid tocommit "rape" who hassexual intercourse with woman against her will. Lax ‘was madly in love with Shi. Shi loved Joy. Joy loved Apama and Apama lovedLax. Lax ‘confessed his love to Shi but she rejected with disdain. Lax couldn't bear this. He decided to teach Shi a lesson. In order to take revenge he kidnapped her took her toa secluded place and disrobed her entirely. He ‘video-taped the entire act in his camera and said he would put it onintemet. Shi apologizes and promises to marry him if he lets her go. Lax deciines and puts the clip on intemet. Decide. (a) Lax is guilty for rape (b) Lax is not guilty of rape. (c) Lax is guilty under Information technology act (a) Lax may be guilty under other laws but not IPC as when IPC was enacted there ‘were no mobile phones. 15, Union Government shall be empowered through its designated authority to block and! or prohibit all websites/intermediaries that carry child sexual abuse material. In susha situation, according to the author, should the Government be empowered? (@) No, Goverment shouldnot be empowered since vesting of such powers is liable to be abused, (b) No, Govemment shouldnot be empowered since the Fundamental Right may get restricted. (c) Yes, Government should be empowered since the Goverment must be swift in taking the cognizance of the child sexual abuse cases. (d) Yes, Governmentshould be empowered butafter making appropriate amendments in the Information Technology Act. A.complaintwas lodged with the Inspector of Police alleging that her daughter studying in 7th standard and other girl children were sexually abused by the Headmaster of the schoal. During enquiry it came to light thatin the washrooms CGTV was installed. Based on the author's reasoning in the passage above, does the aforesaid case deserves judicial intervention? (@) No, itis more of a case of psychological health of Headmaster than the described crime. (b) Yes, judges can solve all the socio- psychological problems afflicting the society. (©) Yes, case involves a heinous crime committed upon children of tender age. Judicial attention is an imperative. (d) No, judiciary should perfor alimited role until the criminal case is lodged Page 78 aé CL! @LsI raed Legal Aptitude — 14 16. Heinous crime alleged to have been ‘committed by the offender isto be dealt with an iron hand. The victim girl, aged about 15 years, was alleged to have subjected to ‘continuous sexual assault and video graphed for more than three years by no one else than her own father. Basedon the inference drawn, ‘what should be the author's stand on the: punishment to be awarded to father? (@) Author would welcome any punishment provided it curbs the menace of child pornagraphy. (b) Author would welcome severest of the Punishment with stringent of measures to ‘curt the child pornography. (6) Author would oppose any punishment ifit does not come with banning the chile Bornagraphy. (@) Author would oppase the punishment and any attempt to completely ban the Pornography. Passage-2 When a criminal offence is committed by several persons in furtherance of common intention of all, each of such persons is liable for that act in the same manner as ifit were done by him alone. Joint liability can be explained as when two or more persons commit any criminal act and with the Intention of committing that criminal act, then each of them will be liable for that act as if the actis done by them individually. ‘The ingredients of joint liability are- 1. Acriminal act is done by several persons: 2. The criminal act must be to further the ‘common intention of all; ‘There must be participation of all the persons infurthering the common intention 4. Nothing is an offence which is done by a person who is, or who by reason of a mistake ‘of fact and notby reason of a mistake of law in.good faith believes himselfta be, bound by law to doit. Let us take a hypothetical situation- There are two Persons A and 8. Both of them decided to rob a 3. bank to eam some quick money. Both of them ‘decided in advance that they will not hurt anybody and they will only take the money. After reaching the bank A tells B to guard the gate of the bank he takes the money. When A was taking the money, security quard came running towards A.A ‘out of fear, stabbed the security guard with a knife ‘due to which he died. After that A ran with B along ‘with the knife. In this case, even though B had no intention of killing the secunty guard but he will also bbeliable for the murder of security guardand robbery along with A. ‘Considering the aforesaid, court must be mindful that at any site of offence it is not at all necessary that ‘only two persons are presenti.e. accused and victim, ‘but @ number of other persons like witnesses are ‘also present at the scene of crime most of the time. ‘So making a person liable just because he was present at the scene of crime or was near to the victim is not justified. 17. AandB were accused of Rape committedin the wee hours of the New Year. Police Department decided to kill the offenders. Decision was taken in order to control the crowd hysteria demanding instant justice. They took the offenders in custody and took them to the crime scene to conduct the reconstruction of events leading to the commission of Rape. During the reconstruction Police department shat dead the offenders fram a point-blank range. Which of the following statement is correct in this regard? (a) Police department is guilty of murder. (&) Police departmentis not guilty of murder. (} Only the officers who shot are guilty of murder. (d} Instant Justice is the need of the hour to restore faithin the Rule of Law. 18. Police had gone to arrest at his home. B.C and D were also present at that time. When all the three persons saw police coming, they came out of the house and gave a blow on the police and they drave them away. Which aé CL Legal Aptitude 14 @LsT Page 79 19. 20. of the following statement is correct in this regard? (a) Police is guilty as they lacked the arrest. warrant, (b) Police is not guilty as they can arrest without a warrant in case of cognizable offences. (©) B, C and D are liable as they gave the blows with 2 common intention to evade the arrest. (0) Police and the B, C and D, bothare-liable. Head constable Jang along with his party proceeded for patrolling. They observed footprints of four camels entering into Indian Border from Pakistan. The footprints were followed. When his party reached outside a village, it was observed that the footprints of the two camels were diverted towards one village and the other two camels went straight: Suddenly, there wasa firing occurred between the accused party and the security forces. Gyan, who was just maving here and there quietly sat under a tree, Prosecution charged Gyan and the infiltrators for the offences.cammitted with common intention, Decide whether Gyan is guilty? (a) Gyan is guilty a5 his presence points to his involvement. (b) Gyan is guilty as he being a resident of border village must have been aware of the aitempts-of infiltrations, (c) Gyanis not guilty. Mere presence cannot be taken as a fact involving common intention, (@) Border police is liable as they failed to Quard the Indian Territory. ‘An occurrence took place in the Big Bazar Street in which Raman was murdered by Max, Nellie was attempted to be murdered by Mark, and Mani was attempted to be murdered by Mike. In respect of these offences, each of the three accused was directly charged for their overtact and constructively charged for the overtacts of the other accused. Mike said 24. that it was by chance that he was present at the site af offence andhe had not participated Inthe commission of the offence. Mike further added that other accused had a prior enmity with the Raman. Mike was convicted by the trial court far committing offences of murder and criminal intimidation. He appealed with the pleading that he was only with friendly termswith Max and Mark anki he did not share common intention with them to murder. Decide the whether Mikes innocent or not? (a) Conduct of Mike in accompanying the offenders proves his complicity in the offences committed. (b) Mere presence of the Mike at the scene of accurrence along with offenderscannot be concluded that the Mike is guilty (©) Mike's appeal will be dismissed as the defense he has takenis weak inthe eyes of law. (d) Mike should be let free otherwise he will became a hardened criminal ance he is Incarcerated. Benjamin was a 22 year old manwho was in love with the sister of James. James didn't likethis Intimacy: Once, Benjamin came with his younger brother and called the sister of James to come out. Instead of the sister, James came out. There was a heated exchange of words, Benjamin slapped James on the cheek, Then Benjamin snatched hockey stick from his younger brother and dave one blow on the head of James due to which his skull was fractured. James died in hospital 10 days later. Both Benjamin and his brother were charged for murder. Decide the guiltof brother. (a) Brother is not liable as he had no idea about Benjamin would hit James, (©) Brother is guilty as he acted in concert making hockey stick available. (©) Only Benjamin is guilty of murder. (4) James should not have possessively of his sister. acted Page 80 aéCL @LsI Legal Aptitude— 14 22. Vir, a soldier, whe has been felicitated for his bravery during the Kargil War, emerged as a role model amongst his contingentof Western Command. His name is taken for being a soldier who obediently followed the codes of armed conflict. Recently, during a skirmish ‘onthe Ling of Actual Control he shot down a Chinese soldier. It was done on the orders of superior afficer, Decide whether Vir acted in ‘conformity with the commands of the law? (a} Yes, Viracted within the remit of law under ‘good faith (b} No, Virshauld have violated the orders as itwas against the Rightta Life of Chi Solder (c} Yes, Vir is cannot be wrong that is why he is awarded forbravery. (@) Good faith cannot be accorded a clear cut case of malice in fact. Ais aresiaurantowner. Bis a chef and buyer in As restaurant. B, on his own, alters the menu without A's knowledge and starts selling novel recipe containing fish. One day, due to bad stock, few consumers suffered food poisoning. The affected persons sue A for nagligence. Acontends that B's actions were: solely his and he had neither the knowledge nor any control ever the same, CanAbemade vicariously lable for B's negligence? (a} No, asAhad no knowledge of B's actions, (0) No, asthenegligence committed was not during the course of B's employment. (c) Yes, a8 B committed negligence during the course of his emplayment. (@) Yes, as A himself was negligent in supervising B. ‘DEST 2020 Replication or einer unauthorised uae OF thle material prantoited by the capyTight faws OF nae Legal Aptitude — 14 aé CL| @LsT Seber Page 81 CEX. Legal Aptitude - 14 Answers and Explanations ti[el2[o[a[c[4le[sla Wb a2] d [a3] b [tafe [sfc ola 2i/ a 22] afasjc ‘The servant opaned the door but thera was not theft ‘cornmittad in pursuance of the servants act. According to the principle the offence must hare been committed for abelment and hence, servant is not guilty of ‘abetment of thal. Further, principle does nt relate to negligence, therefore (c) cannot be the answer. ‘Criminal conspiracy requires agreement to de legal act or an act which is notllagal By illegal means. In the present scenario, the five friends agreed to start manufacturing arms and emmunitions with price approval from the government, that is, the proposal ‘was for legitimate business. Also, the intartion of the friends is not clear and hence, t canna be said that they were guity of waging a war of had any intention whatsoaver of such nature. ‘The student's comment was intended to show dis- ‘Satisfaction towards govemment's mave on ban of transportation and other services. Further, the ‘expression of disapproval was made in a lawful ‘manner. Therefore, the student will not be held guilly ‘of sedition. B developed hyperpyrexia solely because of the ‘mutiple stab injuries inficted on her by A. Thus the act ‘of nficeng mulsple imuries by A has. caused the dacth ‘Of B. Therefore, A is guilty of culpable homicide: Dowry death requires crualty or harassment by ‘busband cr relatives soon before death, in connection wwith oF for any demand for dowry The facts state thal husband wes harassing and iRreating the wife {or transfer of land and her stridhana (house) in husband's favour. This is a clear case of demand for dowry. The death was caused by harassment for demand of dowry and therefore, it would amount to dowry death The principle states that @ person is wrongfully restrained if heishe has a ‘right to proceed” In the ‘ghen facts, the notice of the managing commities was regarding restriction of outsiders to reside in the campus, Therefore, X had no ‘ight to proceed’ and hence, X has not bean wrongfully restrained. B is being forced to ramain in the house. thet is, he cannot proceed beyond certain ciecumscibing Fimit. ‘Therefore, A has wrongfully confined B. The principle does not deal with kidnapping or abduction, hence captions (a} and (bj are not applicable. The principle states that a person to be: kidnapped from India should have baen conveyed beyond the lirvits of Indian thes scenario, Yhas been taicen without her consent but X was apprehended befare he could crass Indian border, that is, has nok baen conveyed beyond the limits of India’. Therefore, cannot be Y ssid to have kidnapped by X from India. The offence of mischiet requires- (a) intention on part ff person to cause wrongful loss to public or any person: and (b) destruction of property. X voluntarily ‘caused the ship to cast away mith an intention to cause damage to the undar- writers. Hence, damage to property has been caused with intention to cause wrongful oss to others. Therefore, X has committed the offence of mischiat. In this case, the manage between A and is valid but the one between A and C is void by the reason of C being a mincr. The offence of bigamy requires the first and the subsequent mamiage(s} to be val, which is rot the case here, Therefore, A hag not cammited the offence of bigamy. Rationale: The quection asks you to apply the idea ot the passage to 3 given situstion withthe given principle of law. You have to assimilate the inference and Jock at the facts of the case and evaluate the answer choices. Correct Answer is (0) Opticn (b) is the most appropriate choice consistent wih reasoning of the auther and infarmaton given in the passage. Page 138 #é CL|215! Legal Aptitude - 14 Rd 1b We Incorrect Answers None of the other options seta out views that ar consistent with those of the author in the passage above, Rationale: This question asks you to idertify the author reasoring and the option tat align with that reasoning, Correct Answar i (d) Option (a) is the most appropriate choice consistent with eascning of the author and information giver in the: passage. Incorract Answers Existence of inefficient Police Administration is nowhere éxpresaly mentioned in the passage or can be infarrad Rationale: Tho question asks you to apply the idea of the passage to a given situation, You will have to late the inference ane Look atthe facts of thee case and evaluate the answar choices: Correct Answar (b) ‘Gptan (b) is the most appropeta chcica consiatant with reasicring ofthe author. Lx i rot gulty of rape as thir ‘was no sexual iterccurse. He shall be lable under other awe | provisions but not rape. Incorrect Answers ‘Chaice (a), Choice (¢) and Choke (a) - Given options ‘are opposite ta the law of rape. Rationale: The quastion asks you to apply the idea: of the passage to a given situation with the givin princlpla of lave You have to assimilato the inference and look at the facts of the case and th choices, Correct Answar is (<) Gption {c) Is the most appropriate choice consistant with reasoning of the auth. Incorrect Answers None of the other options sets out views that are consistent with those of the author in the passage above, + Option (a) i irrelevant, since it dae not even roflect the idea of the passape. + Option {b) cannot be the correct answor, since it I against basic argument protacting the child from sexual abuse. + Opton (4) cannot be the correct anawor since it delays the swiftness in conferring power in the Intarost of children, Rationale: The question asks you to apply the idea of the passage to a given situation, You will have to assimilate the inference and look ot the facts of the case and evaluate the answar choices: Correct Answer is (<) 16.5 the Optica (c) is the mast appropriate choice consistant with rearing of the thor. Incorrect Answers None of the other options sets out views that are consistent with those af the author in the passage above + Option (a) is relevant. since it does nat even reflect the idea of the passage. + Option (b} cannet be the corract ansiwer, since it in against the notion that Judiciary should cporato ‘a bmited sphere, + Option (¢) cannot be the correct answar, since thie (8 an extreme cave of judicial nor-intarvanticn, Rationale: The question asks you to apply th idan of the passage to a given situation withthe given principio of law. You have to assimilate the inferarce and lock at the facts of the case and evaluate the answer choices Correct Answer is (b) Option (b) follows trom tho passage. Therefore option (b} is the most logical explanation as it calls. for punishing henous crime with iran hand, Incorract Answers None of the other options sets out views that are Consistent with those af the author in the passage above ‘Rationale: The quaston asks you to apply the idaa of the passage to a ghven stuation withthe given principle Of law. You haw to assimilate tha infenance and lock fat the facts of the caso and evaluate the answor choices Correct Anawer is (a) Posce departrant is guity of murder, This was a cold blooded murdar committed with @ prior concert and design. Rationale: The quoston asks you to apply the idaa of the passage to a ghven etuation withthe given principle of law. You have to assimilate the inference and lack ft the facts of the caso and evaluate the answor choices Correct Answer is (c) B,C and D are lable for the blow even i toe blow was ‘piven by only one person. Rationale The question asks you to apply the ida of the passage to a given situation withthe given principle of law. You have to assimilate tho inferance and lock at the facts of the case and evaluate the answor choice Correct Answer is (6) Gyan is not guity: Gyan's mere presence cannot be takan as fact involing comenen iniontion. Court should acquit him as the principle of common intention is not tracted herein, Legal Aptitude — 14 aé CL|213! Page 139 Rationale: The question asks you to apply the idea of the passage to a given situation with the given principle ‘of lam. You have to assimilate the inference and look at the facts af the case and evaluate the answer ‘choices. ‘Corract Answer is (b) Mike's presence cannet warrant a conclusion that there was 3 prot meeting of minds. bMike-will be jointly bald liable # a criminal offence is ane by several [persons in furtherance of comman intention af all ‘Commen intention in the commission of murder was lacking on the part of Mike the hockey-stick was snatched fram him and was used as @ weepon fo murder James. Benjamin only had the intention to murder James and this intention vwas not af all shared by his brother Rationale: The question asks you to apply the idea of the passage to 2 given situation withthe given principle of law. Yau have to assimilte the inference and lock at the facts of the case and evaluate the answer choices. Carrect Answer is (a) Vir has committed no offence. Vir cannat he held guilty for enforcing the orders of superior sutharity. He acted 21a Ramat: The queston asks you ta ply the idea of in good ath biog ud by we the passage to a gen stuaion wih te gen prince «fl You hoe © csimdce terinforuree and ok | 23.6 Ac wor iy is no Kalle, As inwiodgo ts ool Oo cone and euhaie arse sees daar! hal apa re thoes the acts done by dung the courae of his Corect Anewer i (a) —rnt Brother shoud be acquted in the gen factual mati Hai tunately mpc han Page 140 aé CL|2bs1 Legal Aptitude — 14

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