LL.B. (Three Years) Sem 6 BSA and Law of Evidence May 2016 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) All questions are compulsory. (2) Figures to the right indicate full marks.

SECTION I - Q.1: Answer each of the following in one or two sentences (20 Marks)

1. Q1 When is previous good character relevant?
2. Q2 Define a digital signature.
3. Q3 Differentiate between a statement and a confession.
4. Q4 What is the evidentiary value of an accomplice?
5. Q5 Opinion of expert, when relevant?
6. Q6 In what circumstances can leading questions not be asked?
7. Q7 What is a hostile witness?
8. Q8 Presumption as to dowry death.
9. Q9 When do facts not otherwise relevant become relevant?
10. Q10 What is Res Gestae?

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

1. Q11 Critically comment on facts which need not be proved.
2. Q12 Explain with examples: proved, disproved and not proved.
3. Q13 Statements of persons who cannot be called as witnesses.
4. Q14 Doctrine of estoppel.
5. Q15 Conclusive proof.
6. Q16 Burden of proof.

SECTION III - Q.3: Solve any two of the following, giving reasons (12 Marks)

1. Q17 Advocate Tanaji 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' has seen at the scene of offence. (a) Can such a witness testify in a case at the Court? (b) Was the prosecutor correct? Justify. (c) What should he have done?
2. Q18 Mr. Akshay was suspected of the murder of Miss Karuna. He was apprehended by the police and brought to the police station. The police inspector was well built and had a rough voice and appearance. Being afraid that he would beat him, Mr. Akshay gave in writing to the Police inspector, while in his custody, that "I have murdered Miss Karuna with a knife and I have hidden it in an old house; I can show it to you if you take me there". In this situation: (a) What portion, if any, is admissible in evidence out of the statement by Mr. Akshay to the police? (b) What is the reason why the entire statement cannot be accepted in evidence?
3. Q19 Priti agrees in writing to sell a horse to Pradeep for Rs. 1,000 or Rs. 1,500. (a) Whether evidence can be given to show which price was to be given? (b) Give reason with provision.

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

1. Q20 Explain and distinguish between direct evidence and circumstantial evidence.
2. Q21 Explain in detail the kinds of confession and the consequences of a confession.
3. Q22 What is the meaning of relevant facts under the Evidence Act? Explain, giving examples and also case law, if any.
4. Q23 'Hearsay evidence is no evidence'. Explain this proposition. Are there any exceptions?
5. Q24 What is a dying declaration and its evidential value?
6. Q25 What is primary evidence and secondary evidence? How are primary and secondary evidence proved? When can secondary evidence be given?

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