LL.B. (Three Years) Sem 6 BSA and Law of Evidence Apr 2024 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 in one or two sentences, any six (12 Marks - 2 marks each)

1. Q1 Define Court.
2. Q2 On which facts may evidence be given?
3. Q3 What is conclusive proof?
4. Q4 What is meant by Facts?
5. Q5 What is Re-examination?
6. Q6 What is Burden of Proof?
7. Q7 What is meant by Proved?
8. Q8 What is 'shall presume'?
9. Q9 Who is a Dumb Witness?
10. Q10 Who is an Accomplice?

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

1. Q11 Refreshing memory.
2. Q12 Presumptions as to gazettes in electronic forms.
3. Q13 Leading questions.
4. Q14 Documents.

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

1. Q15 A Barrister is instructed by an Attorney or Vakil that an important witness is a Dacoit. (i) Can the barrister ask the witness whether he is a Dacoit? Give reasons. (ii) Who can ask leading questions, and when?
2. Q16 Kia, a client, says to Shekhar, an Attorney: "I have committed forgery and I wish you to defend me." (i) Can Kia keep it secret, or is he required to disclose the same to the police? (ii) Give reasons.
3. Q17 Mrs. Rohini was poisoned by her husband. She made a statement implicating her husband's role in killing her before a stranger, Mr. Rakesh. (i) Whether Rohini's statement is a dying declaration? Explain why. (ii) What is the nature of the dying declaration made by Rohini? Is it admissible in the Court?
4. Q18 The advocate for the accused appeared in the case at trial and observed that one of the witnesses tendered by the prosecutor is a 'dumb' person, and the prosecutor himself was narrating to the court what the dumb witness had seen at the crime scene. (i) Can such a witness testify in the court? Explain, citing the relevant provision. (ii) Was the prosecutor correct in narrating what the witness had seen? Explain why.

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

1. Q19 Explain what examination in chief and cross examination are. When are they held, and for what purpose?
2. Q20 Define Evidence. Explain the different types of evidence along with their evidentiary value.
3. Q21 Explain Estoppel and the different types of Estoppel.
4. Q22 Describe in detail the theory of relevancy.

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