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Grand Test. The Qanoon-e-shahdat order, 1984 Time Allowed: 3 hours Marks: 100 Class: CJ, ADPP, ASJ. Attempt any Five Questions. Each question carry equal marks. 1. The QSO 1984 recognize the certain classes/kinds of presumptions , Explain the followings with illustrations. a. Presumption of law b. Presumption of fact c. Mixed presumptions d. Absolute presumptions e. Difference between fiction of law and irrebuttable presumption of law 2. ‘Test of admissibility of a confession is its voluntariness and not its truth’. Explain the statement in the context of the categories of confession(s) discussed and dealt with under the QSO 1984. 3. Eight clauses of Article 46 of the QSO 1984 provide an exception to general rule against hearsay evidence. Discuss the evidentiary value of such piece of evidence and explain that who bears the burden to prove circumstances to bring matter within the exception. 4. Discuss the object of Article 144, 145, 146, 148 of the QSO 1984. 5. The court of law should not leave to the mercy of the parties, the witness, or the counsel but are required to actively participate in the proceeding to determine the truth and the powers under article 161 the QSO does not empower the courts to adopt such a courts of action but in fact oblige them to do the same. Do you agree? 6. Is it valid excuse for a witness to make, when refusing a question that such answer will criminate him? Is there any exception to this rule, if yes, then how that protection is to be claimed? 7. What do you mean by hearsay evidence? Explain, as to why Hearsay evidence is no evidence? State the exceptions to above rule if any? 8. Define hostile Witness. What happens if someone is declared a hostel witness? How courts declare a witness as hostile and evidentiary value of hostile witness evidence? 9. In a criminal case, 5 persons are charged for murder of 2 persons. There is only one eye witness of the occurrence. Neither is there any other direct evidence nor is there any circumstantial evidence against the accused persons. Should court convict all the 5 accused persons only on the basis of a single eye witnesses. Give reasons.