LL.B. (Three Years) Sem 6 BSA and Law of Evidence May 2012 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 What do you mean by 'Document'? Give three examples.
2. Q2 What do you mean by Res Gestae?
3. Q3 What is the meaning of a 'Hostile Witness'?
4. Q4 What is the meaning of a 'Leading question'? When can it be asked and when can it not be asked?
5. Q5 What are Scandalous questions? Can the court allow them to be asked to witnesses?
6. Q6 To which proceedings is the Indian Evidence Act not applicable?
7. Q7 Can a child be a witness? What is the condition to do so?
8. Q8 When will the opinion of a handwriting expert be relevant?
9. Q9 Distinguish between a 'Judgement in rem' and a 'Judgement in personam'.
10. Q10 What are the four stages of a crime? Which two of them may not be punishable?

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

1. Q11 Relevancy of facts.
2. Q12 Primary Evidence and Secondary Evidence.
3. Q13 Conspiracy.
4. Q14 Burden of proof.
5. Q15 A deaf and dumb witness.
6. Q16 Relevancy of the 'Character' of the accused.

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

1. Q17 Ram was angry with his friend Raju and decided to set Raju's new scooter on fire. He purchases kerosene for it. He carries a can of kerosene and a matchbox till the parked scooter. He keeps both the things near the scooter and runs away. (a) Which of the stages of a crime has Ram performed? (b) Has he committed any crime? Why?
2. Q18 Rani met advocate Tushar for filing a divorce petition against her husband Deepak. Later on, Rani and Deepak compromised, withdrew the divorce petition and started living together. Later on Deepak wanted a divorce. He met advocate Tushar. (a) Can advocate Tushar take the case of Deepak against Rani? (b) Can he at least give information and evidence in court about what Rani had told Tushar at the time she had filed the divorce petition? Why?
3. Q19 A thief agrees to show the police where he has hidden the stolen articles. (a) How will the police record his statement, and under what provision of the Evidence Act? (b) How far will such a statement be admissible, and which specific portion of his statement will not be admissible in evidence?

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

1. Q20 Explain what you understand by examination of witnesses. Name the types of examinations and narrate at least four basic rules of the various types of examination of witnesses.
2. Q21 Explain the concept of judicial notice and narrate all those facts which need not be proved. Give examples.
3. Q22 Explain in full: 'Oral evidence is excluded by documentary evidence.'
4. Q23 What do you mean by burden of proof? How is it different from onus of proof?
5. Q24 Who is an 'accomplice'? When is he called an 'approver'? Critically comment on his evidential value.
6. Q25 Explain 'he who perceives things by his senses can only depose before the court', and bring out the concept of 'hearsay evidence' in your answer.

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