University of Delhi 2009 L.LB General Law of evidence - lb - 201 - Question Paper
This question paper contains 8 printed pages.]
Your Roll No......................
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6365
LL.B.
II Term
LAW OF EVIDENCE Paper - LB - 201
Time : 3 Hours Maximum Marks : 100
OTf: 3 : 100
. (Write your Roll No. on the top immediately on receipt of this question paper.)
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Note: Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. fiiMufi : BtR" W+i\
Attempt any five questions including Question No. 1 which is.compulsory.
All questions carry equal marks.
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I./ Answer briefly any four of the following :
What is a fact ? How is it different from fact in issue. Give two illustrations of each;
Who is competent to testify ? Can an evidence z given by a child be admissible.
Explain the relevancy of expert evidence..
(d) What is the difference between May presume and shall presume. Give examples and j / . relevant provisions.
$0 Discuss oral and documentary evidence.
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State the provision of law and give reasons as to relevancy of following facts :
(a) In a case of homicide against X, prosecution produces a statement of Y.
I heared the cries, and saw the dead body.
(b) In a case of an indecent assault upon a maid servant, the complaint she made to her mistress indicating the offender including his name.
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(c) In case of an
dentity of a skeleton recovered from a pond, the production of super imposed photograph of deceased over the skeleton by the prosecution.
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(d) In a charge of forgery against A, production of number of forged documents in possession of A. ffiv <$r PiHMafi
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Rule in section 10 of Indian Evidence Act confine the principle of agency in criminal matters to die acts of the co-conspirator omment.
In a case of kidnapping for ransom against A, B and C the prosecution produces (i) a letter written by A to B and C about the day, date, time and place where they should meet to carry out the plan and (iijihe ransom money which was obtained Aflffrecovered by police after, the arrest of C (one of the accused) from his possession.
Decide the relevancy and admissibility of the above evidence. <r~
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A sues B for loafiof RsffOOO which B denies. However B makes a statement before X that he has taken loan from A, though X was not present when transaction took place between A andB.
Is the statement of B to X relevant ? State the relevant provision and rule of evidence.
0 In a case involving robbery and murder, X one of the accused person told I am wearing the papt which I washed after the commission of crime while other accused Y said I can show you the place where the looted property has been kept. The property was recovered at his instance from the place of hiding. Can statements made by-C and Y be said to be confessions (within the rules of law of evidence ?
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(, There is no absolute rule of law that dying\(J declaration can not be the sole basis of conviction unless corroborated Comment.
L, a lady shareholder in a property was called by her relatives in connection with settling the dispute relating to joint property. On her arrival kerosene was poured on her and she was set ablaze. L died 5 days later. A statement in the nature of complaint was recorded by police officer in the hospital where she breathed last.
Can the said complaint be treated as dying declaration inspite of the fact that some precautions of taking down such complaint were missing.
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(a) The presumption of legitimacy tinder Indian Evidence Act can be displaced by a strong preponderance of evidence and not by mere balance of probabilities'. Discus in the light of decided cases.
(b) Pending the results of his qualifying exam, X appeared for LL.B entrance test, of Delhi University and obtained rank 10 in the merit list. He was provisionally admitted to graduate course in law. In the meantime his result of qualifying exams was declared and he as per the marks card issued he secured 60% marks. He appeared in Is' and 2Qd term of law and was promoted to 3rd term. The University issued a notice to Mr. X stating that it was by error that he was shown getting 60% in fact he obtained only. 45% marks, hence was not qualified to be a student of graduate course in law. University proceeds to cancell his admission. Can the University do so ? Give reasons.
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