4(a). What are the contents and Particulars of Charge? (2 Marks)

1. Section 211 talks about form and contents of charge:
2. It must state the offence with which accused is charged.
3. Section, Name or definition of the offence committed in IPC or in any other Act.
4. Time and place of the alleged offence and the person against whom the alleged offence is committed. In case of a thing in respect of thing alleged offence is committed (s.212 (1)).
5. In criminal breach of trust, dishonest misappropriation details of gross sum.

 4(b). What is the effect of omission to frame or absence of, or error in, charge? (2 marks)

S.464 says charge doesn’t become invalid unless a failure of justice has in fact been occasioned thereby. However, if the appellate Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

5 (a) What is First Information Report (FIR)? State the Procedure to be followed by a Police officer after receiving FIR?

Ans: Person aware of the commission of the cognizable offence may give its information to the SHO of PS. It must be recorded as per S.154 Cr.P.C. (1). It can be oral or writing signed by informant.  It must be entered in a book is called station diary or general diary. A copy of the same shall be given forthwith, free of cost, to the informant.

 5(b). What is the evidentiary value of the FIR in a criminal law? (2 Marks)

Ans:FIR is not a substantive piece of evidence, but it can be used to corroborate the informant U/S 157 or contradict him U/S 145 of the IEA 1872. If the FIR is of a confessional in nature it cannot be proved against the accused/informant in view of S.25 of the IEA. However, accused confession is relevant u/S.21 or 8 of the IEA.

5(c). What is the effect of delay in lodging the FIR? (2 marks)

Ans: Delay in reporting as one of the grounds to see prosecution case as doubtful on the ground that it is after thought. In fact, it is fatal to the case of prosecution in some cases. However, if the reason for delay is properly explained, it is not a factor to be considered. Ex:- Rape victim didn’t report due to threat or fear or afraid of serious social consequences on her personal life.

 6. What is the evidentiary value of the statements of a person as to his cause of death and when it becomes relevant in a criminal trial? (4 marks)

Ans. Evidentiary Value of D.D: It’s a substantive piece of evidence. Once the court is satisfied that the D.D was voluntary and not influenced by any extraneous consideration, and inspires confidence about it truthfulness court convict a person solely on its basis without any corroboration. If the person didn’t die and he is alive his statement can be used for contradiction U/S.145 or corroboration U/S 157 of the IEA.

The statement of a person as to his cause of death is relevant in criminal trial only if the following conditions are satisfied:

The statement must be made by a person at the time or before the time of his death as to cause of his death or circumstances relating to cause of his death.  The person must be under expectation of death.

The person in whose presence such statement was made can testify the facts about the death of the deceased even though he didn’t perceive actual incident with his own senses.  Thus Dying Declaration is one of the exceptions to the Hearsay rule of evidence.

7.Write a short notes on:-

a) Evidence of Child witness (2 marks)

b) Evidence of witness unable to communicate verbally (2 marks)

c) Evidence of accomplice (2 marks)

(a) Child Witness: IEA 1872 does not prescribe any particular age as determinative factor to treat a witness to be a competent one.  Child is a competent witness U/S 118, Competency of the child witness can be ascertained by putting a few questions to them in order to find out whether they are intelligent enough to understand what they had seen and afterwards inform the court. In the case of child witness the court should hold a preliminary examination and also maintain formal record in that behalf. Absence of such inquiry doesn’t make the evidence inadmissible. The evidence of child witness should be received with great care and circumspection. Child shall not be examined on oath. After close scrutiny of child witness, the court comes to the conclusion there is a truth of impress in it, there is no obstacle in the way of accepting the evidence of a child witness.

 (b) Evidence of witness unable to communicate verbally:- A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible as by writing or by signs; but such writing must be written and the signs made in open court. Evidence so given shall be deemed to be oral evidence. Where it is stated by the judge that the deaf and dumb witness was unable to understand the questions put to him in chief or cross-examination, for the most part cannot make his meaning intelligible, his signs intended as answers cannot be accepted as evidence.

(c) Accomplice: – An accomplice is competent person to testify. S.114, illustration (b) of the IEA envisages the presumptive uncredit worthiness of an accomplice. But, then section 133 provides that conviction is not illegal merely because it rests upon an uncorroborated testimony of an accomplice. It is an established practice that it is unsafe to rest conviction on the evidence of a guilty partner in an offence without independent corroboration on the material particulars. Corroboration need not be direct, it is sufficient even though it is merely circumstantial of his connection with the offence.

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