LLB 3 Years Sem 6 Law Of Evidence May 2012 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

1. Q1 Answer the following in not more than two lines 20 marks
   • (a) What do you mean by ‘Document’ ? Give three examples
   • (b) What do you mean by Res Gestae ? What is the meaning of a ‘Hostile Witness’ ?
   • (d) What is the meaning of a ‘Leading question’ ? When can it be asked and when it cannot be asked ?
   • (e) What are Scandalous questions ? Can the court allow them to be asked To which proceedings the Indian Evidence Act is not applicable ?
   • (g) Can a child be a witness ? What is the condition to do so ?
   • (h) When will the opinion of a hand writing expert be relevant ?
   • (i) Distinguish between a ‘Judgement inrem’ and ‘Judgement in personam’ What are the four stages of a crime ? Which two of them may not be
2. Q2 Write short notes on any four 20 marks
   • (a) Relevancy of facts
   • (b) . Primary Evidence and Secondary Evidence
   • (c) Conspiracy
   • (d) Burden of proof
   • (e) A deaf and dumb witness
   • (f) Relevancy of ‘Character’ of accused
3. Q3 Soive any two of the following with reasons or justification 12 marks
   • A. Ram was angry with his friend Raju and decided to set Raju’s new scooter on fire. He purchases kerosene for it, He Carrys a can of kerosene and a matchbox till the parked scooter. He keeps both the things near scooter and runs away
   • (a) Which of the stages of a crime has Ram performed ?
   • (b) Has he committed any crime ? Why ?
   • B. Rani met advocate Tushar for filing a divorce petition against her husband Deepak. Later on, Rani and Deepak compromised and withdrew the divorce petition and started living together. Later on Deepak wanted a divorce. He
   • (a) Can advocate Tushar take the case of Deepak against Rani ?
   • (b) Can he at least give information and evidence in court about what Rani had told Tushar at the time she had filed divorce petition ?
   • C. agrees to show, where he has hidden the stolen articles, to the police How will the police record his statement and under what provision of Evidence Act ?
   • (b) How far will such statement be admissible and which specific portion of his statement will not be admissible in evidence ?
4. Q4 Answer in full details any four of the following :— 48 marks
   • (a) Explain what you understand by examination of witnesses. Name types of examinations and narrate at least four basic rules of various types of examination of witness
   • (b) Explain the concept of judicial notice and narrate all those facts which need not be proved. Give example
   • (c) Explain in fuil ‘Oral evidence is excluded by documentary evidence’
   • (d) What do you mean by burden of proof ? How it is different from onus of Who is an When is he called as an ‘approver’ ? Critically comment on his evidential value
   • (f) Explain ‘he who perceives things by his senses, can only depose before the court’ and bring out the concept of ‘hearsay evidence’ in your answer

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