LL.B. (Five Years) Sem 10 BSA and Law of Evidence Apr 2015 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) Attempt all the questions. (2) Figures to the right indicate the marks allotted.

SECTION I - Q.1: Answer in one or two sentences (20 Marks)

1. Q1 What is 'Res Gestae'?
2. Q2 What is a 'Secure Digital Signature'?
3. Q3 What is primary evidence?
4. Q4 Explain 'Judicial Confession'.
5. Q5 How is a public document certified?
6. Q6 What is re-examination? Which party can re-examine a witness?
7. Q7 Who may testify as a witness in the Court of Law?
8. Q8 How much of the information received from an accused may be proved?
9. Q9 Who is an accomplice?
10. Q10 Explain the meaning of 'Plea of Alibi'.

SECTION II - Q.2: Write short notes on any four of the following (20 Marks)

1. Q11 Dying Declaration.
2. Q12 Burden of proof.
3. Q13 Presumption of fact.
4. Q14 Admissions.
5. Q15 Conclusive Proof.
6. Q16 Hearsay Evidence.

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

1. Q17 Raghu is arrested for committing a murder. Immediately after his arrest, Raghu voluntarily confesses to the police officer in the police station. He discloses in his confession the place where he has hidden the weapon with which he committed the offence. (i) Will Raghu's statement amount to a confession? (ii) When can a confession be taken to be relevant as per law? Explain.
2. Q18 Birju threw acid on the face of Asha, who is a 12 year old school going girl. A case was made against him. During the trial, Asha was also summoned to be examined as a witness. However, during the trial, the defence lawyer raised an objection to her being examined as a witness. (i) Can Asha be examined as a witness in this case? Explain why. (ii) What would have been the scenario if Asha was deaf and dumb? Explain.
3. Q19 Robert intentionally leads Peter to believe that one acre of a particular land belongs to him and thereby induces Peter to buy and pay for the land. The land at the time of sale did not belong to Robert, but three months after the Sale, Robert becomes the owner of the said land. Now he seeks to set aside the sale between himself and Peter. (i) Can the Sale be set aside between them? Why? (ii) Explain the Doctrine applicable to such kinds of cases with the help of the relevant provisions.

SECTION IV - Q.4: Answer the following in detail, any four (48 Marks)

1. Q20 Explain the meaning of 'Evidence'. When can secondary evidence be given in place of primary evidence?
2. Q21 'Evidence may be given of facts in issue and relevant facts.' Explain which facts are relevant under the Indian Evidence Act, 1872.
3. Q22 Explain the law relating to the Relevancy of Judgements of Courts of Justice.
4. Q23 What is documentary evidence? How are the contents of a document proved in a court of law?
5. Q24 What should be the order of examination of witnesses in a criminal trial? When can leading questions be asked to a witness?
6. Q25 Who is an 'Expert'? In which cases are the opinions of experts taken as relevant?

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