I.D. END TERM EXAMINATION, NOVEMBER 2017 B.A.LL.B. (HONS.) SEMESTER-VII Law of Evidence Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.

1. Answer the following (each answer should be in approximately 100 words) (Marks a. The question is whether a given road is a public way or not. Does the statement by a deceased headman of the village that "The road was public" is relevant? b. Impeaching the credit of witness. c. has declared the value of goods as Rs. at the time of consignment. On loss of goods, he is claiming the value of goods much more than Rs. 500/-. Can he be allowed to take this stand? d. Explain presumptions as to ancient documents. e. The question is whether was the legitimate son of Is the fact was always treated as such by the members of the family relevant? f. is accused of theft. During the police custody he indicated the place where the stolen goods were hidden and the police recovered those goods. Can this information be used against g. The question is whether a horse sold by to is sound. says to go and ask knows all about it. When asked by says that the horse is not sound. Is the statement made by admissible in evidence? h. is tried for the murder of by poisoning. Is the fact, that before the death of procured poison similar to that which was administered to relevant? i. The difference between co-accused and accomplice. j. Relevancy of character under the Indian Evidence Act, 1872.

2. State the provisions of the Indian Evidence Act, 1872 relating to facts which need not be proved. (Marks 10)

3. What do you mean by Secondary Evidence? State the circumstances in which secondary evidence may be given. (Marks 10)

4. Explain the provisions of the Indian Evidence Act 1872 relating to Burden of proof. (Marks 10) Page No.1/2

5. What is meant by dying declaration? Explain its evidentiary value with the help of leading cases.
(Marks 10)

6. Write a short note on any two of the following with relevant statutory provision and case laws.
a. Hostile witness.
b. Presumption of legitimacy of a child.
c. Promissory Estoppel. (Marks 5×2=10)
7. Answer the following with suitable statutory provisions of the Indian Evidence Act 1872.
a. a client says to an attorney "I have committed murder of and I wish you to defend
me". Can this communication be disclosed by an attorney?
b. agrees in writing to pay of Rs. on 11-3-2017. The fact that, at the same time,
an oral agreement was made that the money should not be paid till 31-3-2017. Can this fact be
proved?
c. A agree, in writing to sell a horse to B for "Rs.1000 or 1500", whether the evidence could be
given to show which price was to be given?
d. X is accused of murder by beating him. At the time of incident there was an exchange of
words between X and Y. Is this fact relevant? (Marks 2.5×4=10)