INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

FACULTY OF SHARIAH AND LAW

LL.B (Hons)

TERMINAL EXAMINATION FALL 2020-2021

LAW OF EVIDENCE-I

Total Marks: 60 Time Allowed: 06 hours

INSTRUCTIONS:
1. This is an open book examination.

2. The examination comprises of two questions. Please note both questions are compulsory.

3. Please read the questions carefully before you begin to write. Precise and clear answers are

desirable. Support your answers with relevant legal authority and examples.

Question No: 1 (40 marks)

Mr. A operates his travel agency, XYZ Travel & Tourism Services. His agency also provides

professional Pakistan northern areas Tour Guide for the journey of their customers towards North

Pakistan. The Tour Guide are normally required to submit their report at the end of each trip in

order to maintain a record and this exercise helps the agency to improve their services. The agency

receives 3 or 4 star rating from his customers on some eminent online Trip Adviser sites.

In year 2018, Mr. A was charged and convicted of fraud in connection with the operation of his

travel agency. Currently, Mr. B, a dissatisfied customer, filed a civil suit against Mr. A asking for

damages for breach of contract for a trip which Mr. B calls an extremely unpleasant experience.

Mr. B was booked by the travel agency for a trip described as luxurious trip to witness the real

beauty of Pakistan. He was scheduled to visit Skardu, Gilgit and Hunza with a group accompanied
by Mr. C, the tour guide.

As part of the plaintiff’s case, the following evidence has been submitted.
In the examination in chief:

a) Mr. B complains that the hotel booked for the group in Skardu smelled of sewer and his room

had bed bugs that caused him skin rash. According to Mr. B, the hotel booked in Hunza had mildew

on the walls and cockroaches in the bathroom. The rooms were neither clean nor spacious. He

testifies on the stand that the hotel manager in Skardu told him that he had called Mr. A and warned

him about the problem of a broken main sewer two weeks before the group arrived.

· Defence counsel objects. Why? You be the judge. Rule on the objection.

b) Mr. B also complains that Mr. C, the tour guide who accompanied the group, was supposed to

be an expert knowing the history and culture along with the breathtaking locations in that region

but that he knew virtually nothing about the places they visited. Mr. B testified that for example,

“When we asked him about Paiju Camp at the foot of the Baltoro Glacier, he (the guide) told us,

“Read about it in the brochure.” He advised the group to purchase a book describing Karakoram

Range.

Defence counsel objects. You be the judge. Rule on the objection.

c) Mr. B took video of the dirty hotel rooms, bathrooms, uncomfortable seats of the bus he says

the tour used and the unappealing meals which he claims were not prepared under hygienic

conditions that the members of the tour were offered. He wants to introduce this video into

evidence. Mr. A objects and says if this video is admissible, he has a video to produce in evidence

as well.

i) Make Mr. A’s argument.

 ii) You be the judge. Rule on the objection.

d) Mr. B takes the stand and is asked:

“Q. Is it not true, Mr. B that you are the only traveler who complains about having a terrible time?

A. No, everyone hated it. We all got sick and we all were deceived by the Travel brochure.

Objection! Your Honour!”

Why the objection? You be the Judge and rule on it.

e) Later in the cross examination the following interchange took place:

“Q. Mr. B, isn't it true that the only reason you are bringing this suit is because you and your wife

are annoyed with Mr. A because he put your travel agency out of business when he opened up his

agency next door to you?

A. It is absolutely not true.

Q. Is not it the case that you told Mr. D (a fellow traveler) that you would put Mr. A out of business?

A. I did not.

Q. Your Honour, I will be calling Mr. D.

Objection!”
Discuss.

f) During the defendant’s case the following evidence is offered:

Mr. A wants to produce for the court a report which was written by the tour guide, Mr. C, which

he is routinely required to submit at the end of each trip. This report presents a far different version

of the trip than the one given by Mr. B. In addition, the tour guide wants to submit another video
taken by another traveler on the trip which shows happy travelers enjoying themselves and food

served during the trip. The video also covers the glimpses of hotel rooms and bus used during trip.

Mr. B’s lawyer objects to both the report and the video.

You be the Judge. Would you allow submission of the report? What would be your ruling regarding

admissibility of video?

g) Mr. A’s prior conviction was brought out during his cross examination by Mr. B’s lawyer. Is it

admissible? Why or why not?

h) At the end of the trial, the Judge (you) have not heard from any of the other travelers. You call

one yourself. Discuss.

Question No: 2 (20 marks)

Articles 4 to 15 of Qanoon e Shahadat Order 1984 deal with the privilege of certain classes of

witnesses. The purpose is to ensure that certain classes of witnesses are declared as exceptions to
the general rules that “a witness is bound to tell the whole truth, and to produce any document in

his power or possession relevant to the matter-in-issue”. Do you think that the privileges available
under the Qanoon e Shahadat Order 1984 are necessary and sufficient, and a reform is not needed

in this regard? Please discuss your personal views and ideas for reforming and/or preserving this

area of the law.

GOOD LUCK