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ENROLLMENT NUMBER

Amity University Haryana


B.A. LL.B. / B.Com. LL.B. / BBA. LL.B.
Fifth Semester End Term Examination – December, 2016
Course Title – Law of Evidence
Course Code: LAW2502
Exam Dept. Ref.: Dsi325
Time: 3 Hours Maximum Marks: 70
Note: This question Paper has Three sections: Section A, Section B and Section C.
Attempt (i) Any FIVE questions from Section A.
(ii) Any TWO questions from Section B.
(iii) Section C is Compulsory.
Section – A (any Five) 30 Marks
(Each question carries 6 marks)

1. Define and discuss fact, facts in issue and relevant fact.


2. Write a note on Doctrine of Res Gestae.
3. Critically analyse relevancy of expert opinion.
4. Explain “proved”, “disproved” and “not proved”.
5. Write short note on
a. Impeaching character of witness
b. Presumption of legitimacy.
6. What is evidence – State different kinds of evidence?

Section – B (any two) 20 Marks


(Each question carries 10 marks)

7. A) Define admission. Who are the persons whose statement would amount to
admission under Evidence Act?

B) In a case, a servant Ramu, is charged for murder of his master. After committing
murder Ramu goes to the police station and makes a statement that “I have stabbed
my master with a knife as he use to beat me always and not pay me enough for the
work. I have thrown his body in the water tank and here is the knife with which I have
killed him. I can take you to the water tank where his body is lying”. The police
officer found the body of the master in the water tank.
Can the Prosecution use the statement of the servant made in the police station against
the servant in this case? Discuss.

8. Whether the sole testimony of dying declaration can be made the basis of conviction
or not? Examine in the light of related judicial interpretation.

9. Who is an 'accomplice'? When is he called as an 'approver'? Critically comment on his


evidential value.

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Section – C (Compulsory) 20 Marks

10. Solve the following with reasons or justification:

A. A, a client, says to B, an attorney- “I wish to obtain possession of property by the use


of forged deed on which I request you to sue”
Is the communication made by A barred by law or expressly prohibited by law from
disclosure? Decide

B. X and Y were married in October 2008. Their divorce takes place in the month of
March 2009. Y had conceived during the subsistence of marriage between her and X.
She married Z in the month of May 2009 and a baby B was born in the month of July
2009. Z disputes the paternity of the child. Advise Z accordingly.

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