LL.B. (Five Years) Sem 10 BSA and Law of Evidence Nov 2011 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) Attempt all questions. (2) Figures to the right indicate the marks allotted.

SECTION I - Q.1: Answer the following in not more than two lines (20 Marks)

1. Q1 Define 'document'. Give any three examples.
2. Q2 'Quality and not quantity of witnesses is seen to decide the merits of a case'. On this statement, state how many witnesses are required to establish a given fact in Court.
3. Q3 What do you understand by 'evidence'?
4. Q4 Explain 'Res Gestae'.
5. Q5 What is a digital signature?
6. Q6 How will you record the evidence of a person who does not know the language of the court or the local language, in the court trial?
7. Q7 Distinguish between Admission and Confession.
8. Q8 What is 'hearsay' evidence? How is it admissible?
9. Q9 What are scandalous questions? How does the court have to treat them in the examination of witnesses?
10. Q10 Who is an 'approver'? Can his evidence solely lead to a conviction?

SECTION II - Q.2: Write short notes on any four (20 Marks)

1. Q11 Define a hostile witness. Can any part of his evidence be used for establishing certain facts?
2. Q12 Comment on burden of proof and onus of proof.
3. Q13 Previous character of a person in civil and criminal cases, from the angle of relevancy.
4. Q14 Facts of which judicial notice can be taken and no formal evidence is required.
5. Q15 Cross examination as a tool for the success of a criminal side lawyer.
6. Q16 A child witness.

SECTION III - Q.3: Solve any two of the following with reasons or justification (12 Marks)

1. Q17 Ram and Rajan were best friends. They went for a party hosted by their friend. After the party both of them went away, saying bye to all friends, on the motorcycle of Ram. Next day Rajan went missing. Ram could not explain where he dropped Rajan after the party. (i) State the criminal liability that may be attributed to Ram, as per the provisions of the Evidence Act. (ii) Can Ram give evidence of rebuttal?
2. Q18 Mr. Sadashiv is a panch witness. The case is of dacoity. He refreshes his memory by reading the Panchanama given in that case. The Panchanama was not proved and hence was rendered inadmissible in evidence. (i) Can Mr. Sadashiv refresh his memory by the use of such panchanama? (ii) Narrate the rules for refreshing memory under the law of evidence, which Mr. Sadashiv can use.
3. Q19 Savita was strangulated and stabbed in the abdomen by her husband, who was angry as she could not bring the dowry amount as per his claim, from her parents. She was admitted in the hospital by her neighbours and she narrated to them that her husband had caused her injuries. She also told the same to the police on duty at the Hospital Police Chowki. She later dies. (i) What is the value of what she narrated to her neighbours, in the trial that would be held against her husband? (ii) Can what she narrated to the on duty policeman be treated as a dying declaration u/s 32 of the Indian Evidence Act?

SECTION IV - Q.4: Answer in full details, any four (48 Marks)

1. Q20 Explain in detail the types and chronological order of examination of witnesses. Why is such examination of witnesses necessary?
2. Q21 What are the various types of evidence? Explain each.
3. Q22 Fully elaborate the concept of 'Burden of Proof'.
4. Q23 Critically examine the concept of 'Estoppel'.
5. Q24 When can secondary evidence be admissible? What is secondary evidence? Give 2 examples.
6. Q25 Explain elaborately the stages in a crime. Is the fact of the accused wandering near about a VIP's residence to commit his murder relevant?

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