Legal Reasoning Clat Tips

Q76. The incident occurred on *-*-*, when the appellant forcibly raped a student of class * in a school before classes began. The victim raised an alarm, and the appellant fled the school. The victim’s grandfather filed a complaint with the police. The instant matter involves an appeal against the judgment and order dated *-*-* passed by the Additional Sessions Judge, Special Court under the POCSO Act where the appellant/accused was found guilty of committing an offense under Section * of the POCSO Act. The appellant also raised concerns about the non-examination of a friend who had entered the room after hearing the victim’s cries. The appellant further raised the issue of the appellant’s alleged insanity and poor vision, citing doctor’s reports.The State contended that the victim’s testimony was consistent and corroborated by her statement recorded under Section * of the CrPC and a medical examination. It was pointed out that the appellant’s responses during the examination under Section * CrPC indicated alertness. Decide: a. The appellant was found not guilty since the prosecution's case lacked support from school staff and other students who were not examined during the investigation. b. The appellant was found guilty since the victim’s testimony was inconsistent and not corroborated by her statement recorded under Section * of the CrPC and a medical examination. c. The appellant was found not guilty since the appellant’s alleged insanity and poor vision, citing doctor’s reports. d. None of the above. Q77. On Nov *, *, when the convict took a six-year-old girl to his house, locked the door and raped her. The complaint was filed by her aunt. Medical tests and witness testimonies corroborated the survivor'saccount, leading to conviction in a fast-track special court under POCSO Act on Jan *, *. He was convicted under IPC section *-AB and section *(m) read with Section * of Pocso Act and sentenced to life imprisonment till natural death. The verdict was challenged in high court, with the defense counsel arguing that the convict was of 'unsound mind'. However, the high court took note of the observations of psychiatrist Dr A S Saraf and jail superintendent Akshay Singh Rajput, who testified that the convict "displayed normal behavior and understanding" during interactions and routine activities in jail. Whether this appeal will be dismissed by the High Court? a.No, since the testimonies of psychiatrist Dr. Saraf and jail superintendent AS Rajput, who testified that the convict displayed normal behavior and understanding. b. Yes, since the evidence supports the defense's claim of insanity i.e, the convict was of unsound mind at the time of the crime. c. No, since lack of evidence supporting the defense's claim of insanity i.e, the convict was of unsound mind at the time of the crime. d. Cannot be determined. Q78. The appellant was the step of the deceased Samantha ( a *-year-old girl). He was married to Samantha's mother in the year *. His wife went to attend an event in Mumbai. On the night of April *, *, as usual, the appellant and his daughter slept in their bed-room and the doors leading to that room were bolted from inside and assaulted her. At about * or *.* a.m. on the next day Samantha cried that she was being killed. The neighbors gathered in front of the said room and called upon the accused to open the door. When the door was opened they found Samantha dead with a number of wounds on her body. The accused was sent up for trial to the sessions on the charge of murder. Before the Additional Sessions Judge,a defense was set up that the accused was insane when the incident was alleged to have taken place and was not capable of understanding the nature of his act. Decide: a.No, since the witnesses in their statements before the police attributed a clear intention to the accused to commit murder. b. Yes, since the accused in anger or frustration killed his daughter. c. No, since the evidence is sufficient even to throw a reasonable doubt in our mind that the act might have been committed when the accused was in a fit of insanity. d. None of the above. Q79. The doctrine of burden of proof in the context of the plea of insanity may be stated in the following propositions, which of the following statements is correct: a. The prosecution must prove beyond reasonable doubt that the accused had committed the offense with the requisite mens rea, and the burden of proving that always rests on the prosecution from the beginning to the end of the trial. b. There is a rebuttable presumption that the accused was not insane, when he committed the crime. c. Both a and b. d. None of the above.Q80. What does the term “grave legal error” denote which is mentioned in the passage? a. A serious mistake in the judicial process itself. b. An error which is visible in the record and affects a litigant's right(s). c. A significant mistake made by the trial court in its legal reasoning or application of the law. d. None of the above.

its is the question solve it

solve these based on CLAT exam perspective

Q81. The Petitioner entered into the transaction with the deceased for the purchase of a vintage motorcycleand in relation to which the petitioner on instructions of the deceased transferred a sum of ₹ *,*,* in the account of one Narender Verma, who acknowledged the receipt of the amount vide an email stating that he would be sending the bank transfer receipt. Complaint's case was that the delivery of the subject motorcycle had been made in the year * itself, the petitioner had lodged a false complaint against the deceased for harassment solely for the purpose of getting his other motorcycles serviced by him free of cost. It is stated that the deceased was harassed and mentally tortured by the police officers on the complaint lodged by the petitioner. Deceased had told the complainant that he was called to the police station where he was made to sit on his knees for a long period and was tortured/harassed. Deceased repeatedly tried to contact the petitioner on his phone but he avoided the phone calls. Deceased committed suicide and left * pages suicide note he stated that he was mentally disturbed and mentioning the petitioner’s harrasment. Decide: a.Yes, the petitioner would amount to ‘abetment’ punishable under Section * of Penal Code, * since the deceased was harassed and mentally tortured by the police officers on the complaint lodged by the petitioner. b. No, the petitioner would not amount to ‘abetment’ punishable under Section * of Penal Code, * since petitioner had submitted that even after the entire consideration was paid in the year *, the vintage motorcycle was never delivered. c. Yes, the petitioner would amount to ‘abetment’ punishable under Section * of Penal Code, * since the deceased repeatedly tried to contact the petitioner on his phone but he avoided the phone calls. d. None of the above. Q82. On *-*-* the son of the complainant had traveled to XYZ Temple in a tractor. While returning, the said tractor meets with an accident and four persons die. In the accident, the son of the complainant sustained severe injuries. The complainant claims to have incurred expenses of Rs. * lakhs and apart from the claim of insurance, the complainant had also demanded some amount from the owner of the tractor who threatened him of dire consequences. All this has happened in the year *. On *-*-*, the complainant and his wife had gone to Delhi for treatment of their grandson and when they were not at home, they were informed at about *-* p.m. that X who had sustained injuries in the year * had committed suicide in front of his house by consuming poison and it is the claim that a death note was found stating that Y and Z were the cause for the death. Based on the complaint, FIR came to be registered of such an incident for offenses punishable under Section * read with Section * of the IPC. On completion of investigation a charge sheet is filed by the Police against Y and Z adding offense punishable under Section * along with Sections * and * of the IPC. Whether Y and Z would amount to ‘abetment’ punishable under Section * of Penal Code, *. Decide: a.Yes, since the petitioners are responsible for the death of the deceased as no money was given for five years and being fed up asking money the deceased committed suicide. b. No, since there is no evidence of instigation as is found in the complaint or in the alleged note. c. Yes, since a death note was found stating that Naman and Raghu were the cause for the death. d. None of the above. Q83. Sukanya set herself and her three children on fire on the evening of */*/* at the home of her husband Mohinder. The marriage was solemnized, *-8 years before Sukanya set herself and her three children on fire.Apparently in course of time their relationship was further weakening and thus Sukanya had composed a letter to the Deputy Superintendent of Police on */*/* whining about the evil treatment dispensed to her and capturing risk to her life and the existence of her kids. She in this way, looked for police assurance. She affirmed that her mother in law and sister-in-law planned and made unfounded indictments against her and her husband to beat her if she would not bring the extra settlement. On the day of the incident, she wrote letters detailing ongoing harassment and her despair over the situation, indicating that they had even tried to kill her by sprinkling lamp oil/petroleum on her, yet their arrangement fizzled. She was exhausted because of the beating which was given to her by her husband every evening. She further affirmed that her children were also additionally abused by her husband and his relatives. Because of these improvements she had taken the choice to put an end to her daily routine and the experiences of her kids to save them from the present and future distress. Whether her husband and his relatives would amount to ‘abetment’ punishable under Section * of Penal Code, *? a. No, since she had been compelled to wed Mohinder. b. Yes, since the husband and his relatives created conditions which compelled the deceased to take the extreme step of burning herself and her children. c. No, Mohinder has consented to a separation since his better half craves it. d. None of the above. Q84. Assertion (A): The word 'abetment' is defined in Section * I.P.C. Reason (R): A mere complaint to a lawful authority against a person cannot be treated as an ‘abetment’ as contemplated under Section * I.P.C. a. Both (A) and (R) are true and (R) is the correct explanation of (A) b. Both (A) and (R) are correct and (R) is not the correct explanation of (A) c. (A) is correct and (R) is false d. (A) is false and (R) is correct. Q85. What is the central idea of the passage? a.Mere allegations of harassment or quarrels are sufficient to establish amendment. b. Mere filing a complaint with the police against someone does amount to abetment of suicide. c. Both a and b. d. None of the above.

it is the question