END TERM EXAMINATION, NOVEMBER 2016 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 2×10=20) a. What are leading questions? When can they be asked? b. Who is a competent witness under the Indian Evidence Act, 1872? c. A promissory note mentioned a date according to the local calendar and also according to the international calendar, but the two dates were different. State whether the evidence could be given to show which date was meant, if yes, state the provision of the Indian Evidence Act, 1872 under which it can be given. d. Where the charge is of intentional murder and robbery and evidence was given of other dacoities by same person. Explain with the help of relevant provisions of Indian Evidence Act, 1872 whether such evidence of other dacoities is relevant. e. What is dying declaration under the Indian Evidence Act, 1872? f. What are public and private documents? g. the accused was indicted for assault with intent to commit rape B. the accused, called witness to impunged her character. Discuss the relevancy of evidence given by A to impunge her character with the help of relevant provisions of Indian Evidence Act, 1872. h. Explain inculpatory and exculpatory statements under the Indian Evidence Act, 1872. i. The question is, whether certain goods order from B were delivered to A. The good were delivered to several intermediate persons successively. Each delivery is a relevant fact. In reference to the above illustration explain the concept of Res Gestae. j. Who is a Hostile witness under the Indian Evidence Act, 1872?

2. Confession is species of which admission is the genus. Hence all confessions are admissions but all admissions are not confession. Only those admissions which are admission of guilt by an accused person are confession. Explain in the light of the above statement the distinction between admission and confession with the help of relevant case laws, if any. (Marks 10)

3. Explain the concept of Exclusion of oral by documentary evidence as provided under different provisions of Indian Evidence Act, 1872. Also draw the analogy between Section 144 and Section 91 of the Indian Evidence Act, 1872. (Marks 10)

4. 'The court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars'. In the light of the above statement decide the following:- a person of highest character is tried for causing a man's death by an act of negligence in arranging certain machinery. a person of equally good character who also took part in the arrangement, describes precisely what was done and admits and explains the common carelessness of A and himself. Decide the evidentiary value of statement. Also explain the conflict between Section 133 and Section 30 of the Indian Evidence Act, 1872. (Marks 10)

5. appeared in Secondary School Leaving Certificate (SSLC) public examination of Karnataka. He received certificate that he had passed the examination and was eligible for admission to the university courses. He joined the college and passed Intermediate Junior. While he was in Intermediate senior three month before the university examination he was serves with the notice that his name was not found in the list of SSLC holders. A suit for mandamus was brought before the court by A. In reference to the above problem explain the concept of estoppel as provided under the Indian Evidence Act, 1872. Support your answer with relevant case laws. (Marks 10)

6. In the case of murder by the evidence was given by the wife of A that she saw him in early hours coming down the roof of his house, going to the store room and then again coming out and having bath and putting on the clothes again. Explain whether the evidence given by wife is admissible or inadmissible. If admissible, state under which Section of the Indian Evidence Act, 1872. Support your answer with relevant case laws, if any. (Marks 05) the accused, and his family did not inform the parents of deceased, wife of about the injuries caused on her head and consequential death. The cremation of the dead body was conducted in the wee hours without intimating the police or in forming his parents. The accused concocted the story that she was suffering from epilepsy and she suffered injuries on her head by colliding against the door. Explain with the help of the relevant provision and reason upon whom the burden of proof lies will lie in the above problem. (Marks 05)

7. Write short note on the following:- (Marks 5×2=10) a. Admissibility of an evidence b. Oral accounts of the contents of a document given by some person who has himself seen it