LL.B. (Five Years) Sem 10 BSA and Law of Evidence Dec 2012 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one line (20 Marks)

1. Q1 What is secondary evidence?
2. Q2 What is burden of proof?
3. Q3 Which questions are lawful in cross examination?
4. Q4 What is conclusive proof?
5. Q5 Previous good character, when relevant?
6. Q6 Opinion of experts, when relevant?
7. Q7 Power of Jury or Assessors to put questions.
8. Q8 What is confession?
9. Q9 Accomplice.
10. Q10 Number of witnesses.

SECTION II - Q.2: Write short notes, any four (20 Marks)

1. Q11 Opinion of Experts and the evidential value thereof.
2. Q12 Statements of persons who cannot be called as witnesses.
3. Q13 Explain the Examination of witnesses and the procedure thereof.
4. Q14 Proof of execution of various documents required under the Evidence Act.
5. Q15 Explain with examples: proved, disproved and not proved.
6. Q16 What is documentary evidence and how is it to be proved?

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

1. Q17 Gopal is tried for the offence of murder of Ram by beating him with an Iron Rod with an intention to cause his death. (a) On which points can evidence be given? (b) What are the facts in issue?
2. Q18 A dying declaration of Sita has been recorded on 3 occasions as under: (1) When Sita was brought to the hospital, she made a statement before the Doctor: "My mother in law poured 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) the dying declaration of Sita was recorded by the Magistrate during midnight, wherein she has stated that "who poured Kerosene on my body and who set me on fire I cannot recall and name the persons". (a) Which statement of Sita can be considered as a Dying Declaration? (b) What is the evidential value of the above Dying declarations?
3. Q19 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 the statement of Raghav be used against Ram? (b) What is the evidential value of the statement of Raghav?

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

1. Q20 Explain what is proof, admission and against whom it is required to be proved.
2. Q21 Rules as regards notice to produce the documents.
3. Q22 Explain in detail the kinds of estoppel and res judicata.
4. Q23 Explain the various presumptions under the Evidence Act in relation to sections 111-A to 114-A.
5. Q24 Explain in detail what is evidence, and the kinds of evidence.
6. Q25 Difference between confession and admission.

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