LL.B. (Three Years) Sem 6 BSA and Law of Evidence May 2023 Evidence 60/40 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 the following in two sentences, any six (12 Marks - 2 marks each)

1. Q1 Define "Secure Digital Signature".
2. Q2 Define "Affidavit".
3. Q3 What is "Conclusive Proof"?
4. Q4 Who is a "Hostile witness"?
5. Q5 What is meant by "Professional communications"?
6. Q6 Explain "Fact in issue" and "Fact in Law".
7. Q7 What is "refreshing memory"?
8. Q8 Explain "handwriting expert".
9. Q9 Explain "Dumb witness".
10. Q10 Who is an "Accomplice"?

SECTION II - Q.2: Write short notes, any two (12 Marks - 6 marks each)

1. Q11 Documents 30 years old.
2. Q12 Ambiguous document.
3. Q13 Hearsay evidence.
4. Q14 Secondary evidence.

SECTION III - Q.3: Solve any two of the following with reasons (12 Marks - 6 marks each)

1. Q15 "M", a public servant, asked for (demanded) bribe money from "X". On the basis of the information given by "X", the anti-corruption bureau laid a trap. "M" was caught red-handed while accepting the bribe from "X" in the presence of "Y" and "Z", Panch witnesses. In this situation "Y" turned hostile and "Z" was not traceable for giving evidence in court. (i) What is the evidentiary value of "Y", the hostile witness? (ii) Can "X", "Y" and "Z" be regarded as accomplices?
2. Q16 In a rape and murder case, the post-mortem report stated that there was commission of assault on the "Girl" before her death. But the doctor who examined her forgot to mention the injury and the words sexual assault or rape in his report. In this situation: (i) Can the statement of the doctor, who has explained his version in detail and his reason for omitting the minute details in the post-mortem report, be relied upon? (ii) What is the evidentiary value of the medical officer, and can the accused be convicted based on this statement?
3. Q17 A Prisoner was charged with manslaughter for killing a person by driving over him. "Mr. X", who was passing by, happened to be a chance witness who saw the vehicle driven by at a very rapid speed, but did not see the accident. Immediately after, on hearing the victim groan, he went up to him and asked him what was the matter. The victim, before dying, made a statement to "X" as to the cause of the injury and also described the vehicle that knocked him, but before he could describe the driver he died. In this situation: (i) Can the statement made by the victim to "Mr. X" be considered as a dying declaration? (ii) Can "Mr. X" be considered as a chance witness? Who is a chance witness?

SECTION IV - Q.4: Answer the following in detail, any two (24 Marks - 12 marks each)

1. Q18 "Evidence may be given of Facts in issue." Analyse the statement critically.
2. Q19 Define "Evidence". What are the different kinds of evidence?
3. Q20 Explain "Electronic evidence".
4. Q21 Explain when Character is relevant in civil and criminal cases.

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