LL.B. (Five Years) Sem 10 BSA and Law of Evidence Oct 2015 Evidence 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 the following in one or two sentences (20 Marks)

1. Q1 In criminal cases, when is character taken as relevant?
2. Q2 Mention any two facts of which the court must take judicial notice.
3. Q3 What is 'Primary Evidence'?
4. Q4 Upon whom is the burden of proving a person alive?
5. Q5 When can the adverse party impeach the credibility of a witness?
6. Q6 Who is an accomplice?
7. Q7 When can a judge put questions to a witness?
8. Q8 What are private documents?
9. Q9 Define 'Secure digital signature'.
10. Q10 Which kind of question cannot be asked to a witness?

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

1. Q11 Experts' Opinion.
2. Q12 Plea of Alibi.
3. Q13 Examination of witnesses.
4. Q14 Evidence.
5. Q15 Public Documents.
6. Q16 Estoppel.

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

1. Q17 Javed Khan, a movie star, was driving his car under the influence of liquor. Unable to control it, his car dashed onto the pavement, killing two of the pavement dwellers. The Police officer arrives at the scene of offence. A, who is a permanent dweller, had seen the accident and gives his statement to the police. B, who is a watchman of a building near the spot of the incident, receives the information of the said accident from his friend C and gives his statement to the police officer investigating the crime. (i) Whether the statement given by A to the police officer is admissible by the court? Explain why. (ii) Is the statement given by B admissible? Explain the principle of 'Res Gestae'.
2. Q18 A, B and C plan to kill D by hiring a contract killer Z. After the commission of the crime, when Z was arrested by the police, he named A, B and C as involved in the said crime. B, however, denies his role in the commission of the crime. The police officer books all the four as accused for the murder of D. (i) Can the police officer book B as a co-conspirator in this case? If yes, under which provision? (ii) What will be the situation if B did not actively take part in the commission of the crime but only helped A and C in finding the contract killer Z?
3. Q19 Radha was burnt alive by her husband Ravi for not fulfilling his demands for dowry. In the Hospital Radha dies, but before dying she makes a statement relating to her death to the nurse who was present there at the time of her treatment. (i) Does the statement made by Radha amount to a dying declaration? (ii) Give a landmark judgement highlighting the law relating to the dying declaration.

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

1. Q20 When may the court presume a fact? Explain the law relating to presumption of fact.
2. Q21 Who is a witness? When is a communication said to be a professional communication?
3. Q22 When is the statement of a third person taken as relevant in the court?
4. Q23 When is a confession taken as relevant under the Indian Evidence Act? Explain the law relating to confession.
5. Q24 'Evidence may be given of facts in issue'. Analyse the statement critically.
6. Q25 Define 'evidence'. Which are the different kinds of evidence?

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