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Showing contexts for: plea bargaining in Harphool Singh Devenda Ors vs State (Law And Legal )Ors on 31 May, 2013Matching Fragments
1. (Question No.34 in A-series) There is a mistake in Hindi version of 'Abhivak' for plea-bargaining, which word has been indicated as 'Abhibhavak'.
2. Hindi version of Choice 4 of Question 34 is incomplete.
3. Citations mentioned in the options against questions no.23, 27, 29, 44, and 45 are incomplete.
All the members of RPSC in the 'full commission' on 30.10.2012, did not accept the report of the said expert committee in respect of any of the questions referred to above, though it is also significant that the expert committee also did not straightaway recommend deletion of any of those questions. However, RPSC referred the matter to yet another committee comprising of two senior Professors viz., Prof. S.S. Suthar and Prof. Satish Shastri and on their recommendation, decided to delete question no.98 (A-series) on the premise that two options out of four given against that question, namely, options no.1 and 3, were out of syllabus. A revised result was thereafter declared with RPSC deciding not to exclude any candidate declared pass earlier but declared 74 additional candidates pass, who secured equal or more marks than the last of 502 candidates originally declared pass. This raised the total number of candidates to be called for interview to 576 (502+74), (this result shall hereinafter be referred to as 'second result'). With the deletion of one more mark, value of each mark was increased and was now 1.10 mark.
Question No.7 of C-series (Question No.34 of A-series):-
Q. For application of the provision of plea-bargaining, under Code of Criminal Procedure, 1973 the most important thing which is required is that it should relate with the offences:
(1) Punishable with less than 7 years imprisonment and accused should not be previously convicted.
(2) Punishable with death but not against women.
(3) Punishable with life imprisonment but not against child below the age of 14 years.
(4) Punishable with death, life imprisonment, more than 7 years imprisonment, against women, socioeconomics conditions of the country, or child below 14 years.
Objection about this question is that there is variance between English and Hindi version and Hindi version carries incorrect translation of the word plea-bargaining. Further objection is that framing of the question was itself incorrect as none of the four options are incorrect. As regards the first objection, reference be made to instruction No.10 mentioned in the beginning of the question question-booklet, which provides that if there is any sort of ambiguity/mistake either of printing or factual nature then out of Hindi and English Version of the question, the English Version will be treated as standard. As it is, plea-bargaining, is a legal terminology. Whoever appears in a competitive examination for appointment on the post of APP Gr.II, should be aware of the same. Second objection also is not sustainable because reading of Section 265-A of Chapter XXIA of the Cr.P.C., relating to plea-bargaining, makes it clear that plea-bargaining shall apply in respect of an accused against whom charge-sheet has been filed under Section 173 Cr.P.C. alleging that an offence has been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years. In other words, if the punishment exceeds 7 years, the provisions relating to plea-bargaining would not be applicable. Option no.1 has thus rightly been taken as correct by RPSC, which becomes further clear from the later part of the objection that the accused should not be previously convicted, which is what has also been provided by sub-section (2) of Section 265B of the Cr.P.C.