’ 1L0516 & LO8110/1L0048_LAW OF EVIDENCE AM LLB Sem Moe 21. \ Q.P. Code :13239 [Time: Three Hours) [ Marks:100) Please check whether you have got the right question paper. 1. All question are compulsory, Q.1 Answer in one or two sentences. 20 a). Birth during marriage conclusive proof of legitimacy. Explain? b) What is confession? ©) About what facts evidence can be given? d)_ What is May Presume? e) When oral admission as to contents of documents relevant? f) Cana witness be excused from answers on the ground that answer will criminate him? 8) Character when relevant h)_ What is public Document? i) Who may testify? i) Whats the presumption as to electronic records five years old as per section 90-A? BFZ_ Write short notes on the following (Any Four) a) Leading questions b)_ Refreshing Memory €)_ Professional Communication 4) Explain the law regarding cross examination of a witness as to previous statement e) Presumption as to Gazettes in electronic forms f) Admissibility of electronic records Q.3 Solve any two of the following with reasons or justifications. a) ‘A’ istried fora crime i, The Fact that he said something indicating an intention to commit that particular crime is relevant. Give reason. ji, The fact that he said something indicating a general disposition to commit crimes of that class is relevant. Give reason. A Barrister is instructed by an attorney or Vakil that important witness is a dacoit. Can the barrister ask the witness he Is dacoit? Give reason |i, Awitness of whom nothing whatever is known being questioned to his mode of life and means of living gives unsatisfactory answers. , Whether witness can be ask he is a dacoit? Give reason ©) “A’is tried for a riot & is proved to have marched at the head of a mob 1. Whether the cries of the mob are relevant? If yes, under what provision of law? Give reason fi, Inthe instant case if the mob was silent during the march, what difference it will make on A’s Trial? 20 12 b) 4 — Answer in detail (ANY FOUR) 48 a) Explain what is examination in chief, Cross examination and re-examination? When it is held and for what purpose? b) Describe in detail theory of relevancy. ¢) ‘Explain in detail with provision when the confession is relevant and when it is irrelevant. d) Explain in detail the provision of section 32 of Indian Evidence Act regarding statement of a person who is dead or cannot be found etc. '¢), Define evidence. Explain different types of evidence. Explain their evidential value. 1) Explain in detail motive, preparation & previous or subsequent conduct when relevant. PIS. 3216998208428 1SSE053B118S6DD)31 Ei (© scanned with oken Scannerat az ¥ a) » ° a 2 ® hy a a a ») a 8 ”) l=, - RXlie wz LowoP Evidewee : MLLER Sem ME “0 QP. Code 13240 shy BY Sue (Time: Three Hours) (arie:200) Please check whether you have got the right question paper. NB: 1. All questions are compulsory. 2. Figures tothe right indieate fll marks, Answer in one oF two sentences 20 Define court, Evidence may be given of which fects? What are Professional Communications? ‘What ae Private documents? How can a witness who ls unable to speak give evidence Inthe court? ‘What isthe presumption relating to cletranie records which are fwe years old? Give any two ways by which credit ofa witness may be impeached by the saverse party Deine ‘information’ What is Presumption of fact? What is Pea of lls? Cie relevant provision ‘Wie short notes on any four, ‘Admission Confession Judgements when relevant Facts which need not be proved Presumption of law Relevancy of statement made by a person who is dead 20 Solve any wo ofthe following with reasons or justcations ‘The advocate forthe accused appeared ih the case at ral and observed that one of the witness tendered by the prosecutor i ‘dumb person and the prosecutor himself was narrating to the court what the hae vines had seen atthe rime scene Gan such o witness testify nthe court? Explain cing relevant provision. i) Was the prosecutor correct ir narrating what the witnesshad seen? Explain why? 2 Wis: nin was potoned by her husband. She made a statement implicating her husbands role inkling her, before a stranger Mr.Rakesh, i) Whether Rohin's statement is 2 dying declaration? Explain why? 1) What ithe nature of the dying declaration made by Rohini sit admissible in the Court? Priva eda divorce petition against her husband Pramod on the grounds of cruelty, AS as evidence she ‘bint eter writen by herustand in hs handwrting, acknowledging he cue ats omnes tim, |) What fs the nature of statement made by the husband tthe letter? Explain, | Whether this cn be used as evidence agains Pramod by the Court? Explain why? IP7.0) a ‘SFUsE6BDDBsDSCDE72S0CETEI72C3B6 & scanned with oken Scanner ap. Code 113240 In detail, (Any Four) or et? El he nr fence Act, 1872. tacos a etn ee es ne erbtch ne relevarey of He so burden of oot 2 c 9} bein step. ran shen “Bienes be resp statement. bs! Re AC umentary evidence? Examine the law relating to admit af electronie recordin he ce Examine the aw relating at are documentary evidence’ yy evidence under 9 court of bw. mination of witnesses. {Jr iho Isa witness? Analyse the law relating to examinatoPaper / Subject Code: 35604 /Law of Evidence. yee oem ater rim eae check whether you uve got the ig uesin pape. NIB: 1, Allquestions are compulsory. 2, Figures tothe right indicate full marks, Hours} / [Maris:s00), Q.1 Answer the following in one oF wo sentences. 2). What is "Primary Evidence’ 1) Who isan accomplice? ‘©) What ae private documents? 9) Deine 'sccare dial signature.” ©) Explain “expert witness. 1) Explain “Dumb witness. 1) What i “Cross Examinat bh) Define “Affidavit” i) Whats “Conclusive Proof? 3) Whats confession? Q2__ Write short notes (Any Four) 1) Estoppel 2) Pleaof Alii 3) Examination of witnesses 44) Child witness © : 5) Scandalous Questions é 6) Relevancy of facts n 3 Solve any to ofthe following with reasons on justification "A. Sia was burnt alive by hr husband Raj fornotfufting his demands for dowry. In the Hospital, Site dies but before dying. She makes a statement relating to her death to the aurse who was present there at tbe time oF weatment. |) Does the statement made by Sitaamount to a dying declaration? 5) Give alandmark Judgmest highlighting the law relating tothe dying declaration. 'B. “i¢a public servant asked for (demanded. bide money from “Y". On the basis of “nformation given by "Yt police lod a rap. "X" was caught red handed while ceoptng the bribe ftom “Yin presence of “Z" a pyncha witness. In this situation ~ |) What i the evidentiary value of strap witness? “Can “Y" and "2" be regard as accomplices” (C2 Rahul who is an accused for the offence of murder, issued alter to police officer explaining thereln how he hus commited the murder. ‘What isthe evidential value ofthe sid eter? iy Whether this letter of Rahul canbe ealled confession? nse Page 1 of ‘S91 7OL6DORSERS9ESPADTAADPARGCSS & scanned with oken scanner ‘Paper / Subject Code: 38604 / Law of Evidence. Q4 Answer in fill details. (Any Four) : -: 1) Define ‘evidence’ what are the different kinds of evidence’ . 9 Recent Evidence may be given of facts - in - issue” Analyse the sta it 4) Explain in detail “Burden of Proof.” sate eee 2 eee ta iat~ Paper / Subject Code: 35604 / Law of Evidence. rb fern - FE pac-2 ted ad (Time: 3 Hours) Total Marks: 100 N.B.: All questions are compulsory. 1, Answer the following in one or two sentences :~ ; 20 Marks (@) Birth during marriage conclusive proof of legitimacy. Explain? (b) What is ‘may presume"? (©) Public document, (4) Who may testify? (©) What is the presumption as to electronic records of five years old as per law. (0 Character when relevant, (g)_ What is Res Gestae? {h) Professional communi (i) What is “Plea of Alibi"? Cite relevant provision. (i) Define “Information, 2. Write short notes on (Any Four) = 20 Marks (@) Admission, () Presumption of law. (©) Statement and confession. (@) Conclusive proof. (©) _ Relevancy of statement made by a person who is dead. (Child witness. 3. Situational Problems (Any Two) :- 12 Marks (a) X agrees, in writing to sell a horse to Z for ‘Rs.1,000 of Rs.1,500". () Can X give evidence to show which price was to be given. (ii) State provision of law for the same. (6) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of act. (On whom is the burden of proof? (ii) Under what provision? If A fails to prove what the consequence (©) M,aclient, says to N, an attorney —“I have committed forgery, and I wish you to defend me”. (Can M keep it secret or require to disclose the same to police. (ii) Give reasons, 4. Answer the following (Any Four) :- 48 Marks (a) Explain and distinguish between direct evidence and circumstantial evidence. (b) What is dying declaration and what is its evidentiary value? (©) Define ‘Evidence? What are different types of evidence? (4) Explain in detail “Burden of proof”, (€)_ Explain the theory of relevancy in deta (Explain Estoppel and different types of Estoppel. Seas eeeeneenenene 76617 Page 1 of 3 IC4419DE06AC7ASOO2F9CBF96E0S|S8C (© scanned with Oken Scanneren oes (ime: 2 Hows) (Mars: 0 ‘Nall questions ate compulsory | 2) Figures teint il mrs | Qh Ammer the atowing nto seaences Any 4) a 1) Define “Sear Dig! Sgt” 1 Datine"Atiai™ |) What a Concsive Pot” Whois Hse wines” ©) What sms! by “Profesal semuiaies” 1) Explain "Ft sue" Fact Law”™ 1) Whats rereshing ema” 1) apn -tandweing ape” 1) Exphin“Dunb ines” 3) Whossan Accomplice (G2) Wee short notes (Any 2) 2 12) Down 30 yea ob 1) Anbipons document 6) Heaney evidence 6) Secondary viene {Q3) Save any wo ofthe following with reasons a {00-7 ble seat asked! for (demande) a tribe mney hm “X": On the bss of he inkrrton given by "Xe a= cron reas ai ap" was caught ead tt ssepting the ie fom “X" nh presence of "Yan "Z” Pach witness Ins 28360 Page 1 of 4 Paper Subject Coe: 38612 /Law of Evidence situation “Y" ture hostile and “Z" was no acaba givingevidence in court 1) Wat in evidence valve of" hose wines fi) Can"X°.°Y" and “2 be repel as accomplices. |, B) tna rape and murder case, the post-mortem port ste that here was commission of assault | en the “Gi” before her death. But the doctor who examined her forgot © mention the injury san the word yexualasblt or fape inhi report In this situation 1) Can the statement of doctor who his explained his version in detail and his reson for ‘omirng the minut details n post-mortem report be ei upon fi) Wat is the evidence vale of the medical officer and can the aseused be convicted ‘sc om this statement () A Prisoner was sarge With mansaughir over ing sposoa by diving ever him. “Ae 1X" who was psig hy happened w bea chance witness who sw the vehicle driven by at 2 ‘se pid spe ut didnot ee the aside. moda afr, Bering the victim gous, be weat up to bit and asked im wat was the ater The victim before dying made & ntement iy "Xa othe enue ofthe injury and ah descr he vec tat knocked Wi, ‘bur betore he could dsenbe the diver edd In his situation 1) Can the statement made by the victim w “Me. X° be considered as a dying dscaraion? 1 Can"Me, X"be comidered a chance wien? Who ia chance wines? 0 Answer the folowing in Detail Any 2) u 1) “Evidence may be given of Factviniswe” analyze the satementrtcally 2) Define"Evidene”. What arte diferent kindof evidence? 3) Explain “Eecrni evidenes” 4) Expin Character when tlevat in ci and criminal cases?