LLB 3 Years Sem 6 Law Of Evidence Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in one line :- 20 marks
   • 1) What is secondary evidence ?
   • 2) What is burden of proof ?
   • 3) Which questions are lawful in cross examination ?
   • 4) What is conclusive proof ?
   • 5) Previous good character when relevant ?
   • 6) Opinion of experts, when relevant ?
   • 7) Power of Jury or Assessors to put questions ?
   • 8) What is confession ?
   • 9) Accomplice
   • 10) of witnesses
2. Q2 Write Short notes: (Any four) 20 marks
   • a) Opinion of Experts and the evidential value thereof
   • b) Statements of persons who cannot be called as witness
   • C) Explain Examination of witnesses and the procedure thereof ?
   • d) Proof of execution of various documents required under Evidence Act
   • e) Explain with examples — proved, disproved and not proved
   • f) What is documentary evidence and how it is to be proved ?
3. Q3 Solve any two of the following with reasons or justification I. Gopal is tried for the offence of murder of Ram by beating him with Iron Rod with an intention to cause his death 12 marks
   • a) On which point evidence can be given ?
   • b) What are the facts in issue ? ll. declaration of Sita has been recorded on 3 occasions as under :
   • (1) Sita was brought in hospital, she made a statement before the Doctor :- My mother in law pour kerosene on my body and my husband set me on fire
   • (2) After one hour Sita made a statement before the police officer that my mother in law, father in law and husband poured Kerosene on my body and they set me on fire; and
   • (3) | Dying declaration of Sita was recorded by the Magistrate during midnight wherein she has stated that who poured Kerosene on my body and set me on fire | cannot recall and name the persons
   • a) Which statement of Sita can be considered as a’ Dying
   • b) What is the evidential value of the above Dying declarations? Ram and Raghav are charged with the offence of murder of Gopal During the trial Raghav made a statement before a Magistrate implicating Ram in the offence
   • a) Can statement of Raghav can be used against Ram ?
   • b) What is the evidential value of the statement of Raghav ?
4. Q4 Answer in full details (Any Four) 48 marks
   • a) Explain what is proof, admission and against whom it is required to be proved ?
   • b) Rules as regards to notice to produce the documents ?
   • C) Explain in detail kinds of estopple and res judicata ?
   • d) Explain various presumptions under the Evidence Act in relation to section 111-A to 114-A ?
   • e) Explain in detail what is evidence, and kinds of evidence ?
   • f) Difference between confession and admission ?
   • S. ara gar

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