LL.B. (Three Years) Sem 6 BSA and Law of Evidence Apr 2014 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.

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

1. (a) What is Judicial Notice?
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2. (b) What is Conclusive Proof?
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3. (c) What is Admission and Confession?
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4. (d) What are facts in issue?
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5. (e) What is re-examination of a witness? When can it be asked for?
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6. (f) What is a Dying Declaration?
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7. (g) What is the meaning of 'Approver'?
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8. (h) Define Affidavit. What are its contents?
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9. (i) What is common intention?
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10. (j) What is a document? Give any two examples.
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (a) "Experts" and the relevancy of their opinion.
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2. (b) Law relating to 'hostile witnesses'.
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3. (c) Privileged Communication and its Exceptions.
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4. (d) Character of person in Civil and Criminal Cases.
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5. (e) Presumptions under the Evidence Act.
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6. (f) Blind Witness and Dumb Witness.
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Q.3 Q.3: Solve any two of the following (12 Marks)

1. (a) 'Sudhir', a Govt. servant, commits misappropriation of funds for the purpose of marrying his daughter. 'Sudhir' communicates this to his wife 'Wani'. Five years later, 'Sudhir' and 'Wani' got divorced. A year after his divorce, Sudhir is put on trial for the offence of criminal misappropriation. Wani is produced as a witness by the prosecution against Sudhir. Can Wani's testimony be accepted by the Court? Discuss.
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2. (b) Miss Aruna, 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 Aruna made a confession to the Doctor that she has committed murder of her said newly born child; at that time this statement was over-heard by the Police Constable who was waiting outside to take back Miss Aruna to the police custody. (i) Is the confession made by Miss Aruna to the Doctor 'admissible' in evidence? (ii) What is the binding effect of such confession on Miss Aruna?
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3. (c) (a) A seriously injured victim, on reaching the hospital, tells the doctor on duty "X has stabbed me because", and before completing the sentence, he collapses and dies. Discuss the relevancy and veracity of the above dying declaration in the trial of X for murder. (b) According to the Supreme Court of India, a dying declaration can be the sole basis of conviction subject to certain precautions. What are these precautions?
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Q.4 Q.4: Answer in full details, any four (48 Marks)

1. (a) What is the difference between relevancy and admissibility? Illustrate your answer by giving at least two examples and appropriate case laws.
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2. (b) What is documentary Evidence? Is electronically recorded evidence oral, documentary or real? Point out the difference, if any, between Indian and English law on the point.
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3. (c) 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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4. (d) What is the basis of the rule of estoppel? How is it different from promissory estoppel?
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5. (e) "He who perceives things by his senses can only depose before the court". Discuss the statement in relation to hearsay evidence.
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6. (f) "Dying declaration has evidential value." Discuss the statement with suitable examples.
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