LL.B. (Three Years) Sem 6 BSA and Law of Evidence Nov 2010 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 a 'Court of law'.
2. Q2 What do you understand by 'relevant' as defined in the Indian Evidence Act?
3. Q3 What is 'evidence'?
4. Q4 How many (numbers) witnesses are required to 'prove' a given fact in a court?
5. Q5 What do you understand by a 'judicial confession'?
6. Q6 What is a "Res Gestae"?
7. Q7 Briefly state what you understand by a "hearsay evidence".
8. Q8 What do you mean by a 'document'? Give any three examples.
9. Q9 Who is qualified to testify in a court of law?
10. Q10 State what you know by a "leading question".

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

1. Q11 Facts which need not be proved.
2. Q12 Opinions of 'third persons' when relevant.
3. Q13 Character of person in Civil and Criminal Cases.
4. Q14 Define and explain an 'Approver'.
5. Q15 What is the meaning of a 'Hostile Witness'? What part of his evidence can be used by court?
6. Q16 Burden of proof vis-a-vis Onus of proof.

SECTION III - Q.3: Solve any two 'situation-based' problems out of the following, giving adequate reasons for your answers (12 Marks)

1. Q17 Miss Neela, an unmarried girl, was accused of murder of her newly born child. She was sent in police custody and later on sent for medical examination. While being examined by the Doctor, Miss Neela made a confession to the Doctor that she has committed murder of her said newly born child. At that time a Police Constable was waiting outside to take back Miss Neela to the police custody. (i) Is the confession made by Miss Neela to the Doctor 'admissible' in evidence? (ii) What is the binding effect of such confession on Miss Neela?
2. Q18 Advocate Mr. X was appointed in the criminal case against a pauper, by the Magistrate. The advocate appeared in the case at Trial and found that the witness tendered by the prosecution is a 'dumb' person, and the prosecutor himself was narrating to the court what that 'Dumb Witness' had 'seen' on the scene of offence. (i) Can such a witness testify in a case at the court? (ii) Was the prosecutor correct? What should he have done?
3. Q19 Mr. Ram, a panch witness in a case of dacoity, refreshes his memory by reading the panchanama. The panchanama was not proved and hence was rendered inadmissible in the evidence. (i) Can Mr. Ram refresh his memory by the use of such panchanama? (ii) Narrate the rules for refreshing memory which Mr. Ram could use.

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

1. Q20 Discuss the kinds of Evidence and the evidential value of each of them.
2. Q21 Discuss the evidentiary value of an admission and a confession. Also elaborate the distinction between the two.
3. Q22 What is the meaning and necessity of examination of a witness? What is the order of examining a witness? Explain in detail.
4. Q23 Elaborate fully the 'burden of proof'.
5. Q24 Enumerate 'facts which need not be proved', giving at least three examples of your own.
6. Q25 Which are the various circumstances in which secondary evidence relating to documents may be given?

Read from the scan above, so a character or two may differ. The scan is the original.