LL.B.

II (Regular) / IV Semester Examinations – OBE Phase –II / 2021

Subject: Evidence Law
Paper Code: LB-201

Time: 3 Hours Maximum Marks: 100

Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions
 Attempt any 4 questions out of 6 questions
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper

Q.1. In a case of kidnapping for ransom against X,Y and Z, the prosecution produces (i) a letter
written by X to Y and Z about the day, time and place where they should meet to carry out the
plan and (ii) a recorded conversation between X and Y regarding arrangement of transport for
kidnapping and (iii) the ransom money which was obtained and recovered by police after the
arrest of Z from his possession.
Decide the relevancy and admissibility of these pieces of evidence.

Q.2. Ram, a student got his mark sheet from CBSE, showing that he had passed in biology,
physics and chemistry with good marks. Ram, as a matter of fact had never opted or appeared for
biology. However, he remained silent and sought admission in 1st year of MBBS course at Delhi
Medical College after clearing the medical entrance exam. Having studied biology was an
essential requirement. When he was to appear for his 1st year examination of MBBS , CBSE
realizing its error served a notice on him for wrong marks sheet and subsequently cancelled the
admission of Ram. Ram consults you for using estoppel against CBSE. State your opinion with
the help of decided cases.

Q.3. A married B on 31.12.2019. A took divorce from B on 30.12.2020 and married C on

3.3.2021. A delivered a baby girl on 4.5.2021. C disputes the paternity of the baby girl on the
basis that the baby girl was conceived during the subsistence of the first marriage and therefore B
is the father. He also alleges that he had no access hence no opportunity to cohabit with A. C is
ready and willing to undergo a DNA test to rule out his paternity. Discuss in the light of rule of
conclusive proof in the Evidence Act.

Q.4. Rama, a married girl was found lying near a railway track with acid burn wounds on her
face and upper body. She was taken to a hospital where she was being treated for burn injuries.
She gave a statement to the doctor as soon as she was admitted that she was forcibly made to
drink acid by her husband and mother in law with whom she was travelling in a train. She also
said that she was thrown out of the train by her husband. Subsequently she gave a similar

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statement to a police constable who was called in the hospital. The next day she gave a statement
to a Magistrate but before she could finish her statement she died. The prosecution base their
case on the basis of these dying declarations. Discuss the relevance of these statements.

Q.5. Sam is tried for the murder of his uncle, aunt and their son and daughter. In the evening of
4.4.2021 he goes to the Marine Drive police station and records a long FIR. In the FIR he tells
about his motive, plan and execution of his plan to murder his uncle's family. He wanted to
marry his Uncle's daughter to which the whole family did not agree. He got enraged and in a fit
of fury he took a revolver and shot his uncle and the whole family. In his confession to the SHO
incharge of the police station he said "I can take you to the scene of the crime. I have hidden the
revolver in my closet. I can take you there.' As a result of his statement the dead bodies were
recovered and the revolver was also found. The prosecution wants to use his entire statement
against him. Decide.

Q.6. A,B,C and D are tried for the murder of X. A and B are political rivals of X and during an
election campaign there is an altercation between X and A,B.C and D. X suffers major injuries
and as a result of these injuries he dies after two days. During the trial C becomes an approver
and in the hope of pardon gives a statement whereby he implicates the rest of the three accused
ie., A,B and D. His statement is corroborated at some places by A and D. Discuss the relevance
of his testimony.

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