Law of Evidence · Semester 2

Law of Evidence · July/August 2012

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Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 1 Semester 2. Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Law of Evidence · July/August 2012

July/August 2012 · Law of Evidence · Semester 2

FACULTY OF LAW
LL.B. (3 YDC) I Year II Semester (New) Examination, July / August 2012
Subject: LAW
PAPER - V: LAW OF EVIDENCE
Code: 1011/N | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Answer any five of the following.
1. Irrebuttable Presumption.
2. Res gestae.
3. Proof of Conspiracy.
4. Retracted Confession.
5. Plea of alibi.
6. Public Document.
7. Patent ambiguity.
8. Accomplice.
PART - B (2 x 15 = 30 Marks) — Answer any two of the following.
9. What is an admission? Discuss the general principles governing admissions.
10. Discuss the relevancy of judgements.
11. Discuss the general rules relating to 'burden of proof'.
12. Examine the nature, scope and purpose of cross-examination of a witness.
PART - C (2 x 10 = 20 Marks) — Answer any two of the following.
13. X was charged with killing his wife with an axe. Their son, a child of four years, was beside them.
The prosecution produced the child as a witness. There was no other evidence. The court convicted
X on the basis of the evidence of the child. Is the conviction valid? What is the legal position?
14. A, B and C are accused of the murder of D. A makes a statement to the sub -inspector of police
while in custody that "I, together with B and C, murdered D and have concealed his dead body
under a culvert." The dead body was recovered in consequence of this information. Is the
statement of A admissible against him? Is it relevant against B and C?
15. A is charged for committing the murder of B. A contends that by reason of unsoundness of mind
he did not know the nature of the act. On whom does the burden of proof lie? Discuss.
16. A intentionally and falsely misleads B to believe that A is the owner of the land. Relying on the
statement of A, B purchases the land and pays for it. The land afterwards becomes the property of
A. A files a suit to set aside the sale on the ground that at the time of the sale he had no title. Can
he succeed? Discuss.

Part A · 6 marks

  1. Irrebuttable Presumption.
    2× in bank
    Year and frequency →
  2. Res gestae.
    9× in bank
    Year and frequency →
  3. Proof of Conspiracy.
    Topics: Burden of proof and presumptions; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  4. Retracted Confession.
    5× in bank
    Year and frequency →
  5. Plea of alibi.
    Year and frequency →
  6. Public Document.
    3× in bank
    Year and frequency →
  7. Patent ambiguity.
    5× in bank
    Year and frequency →
  8. Accomplice.
    7× in bank
    Year and frequency →

Part B · 15 marks

  1. What is an admission? Discuss the general principles governing admissions.
    Topics: Admissions and confessions
    Year and frequency →
  2. Discuss the relevancy of judgements.
    Year and frequency →
  3. Discuss the general rules relating to 'burden of proof'.
    5× in bank Topics: Burden of proof and presumptions
    Year and frequency →
  4. Examine the nature, scope and purpose of cross-examination of a witness.
    3× in bank Topics: Examination of witnesses
    Year and frequency →

Part C · 10 marks

  1. X was charged with killing his wife with an axe. Their son, a child of four years, was beside them. The prosecution produced the child as a witness. There was no other evidence. The court convicted X on the basis of the evidence of the child. Is the conviction valid? What is the legal position?
    Topics: Oral and documentary evidence; exclusion of oral by documentary
    Year and frequency →
  2. A, B and C are accused of the murder of D. A makes a statement to the sub -inspector of police while in custody that "I, together with B and C, murdered D and have concealed his dead body under a culvert." The dead body was recovered in consequence of this information. Is the statement of A admissible against him? Is it relevant against B and C?
    Topics: Facts in issue, relevant facts and the same transaction; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  3. A is charged for committing the murder of B. A contends that by reason of unsoundness of mind he did not know the nature of the act. On whom does the burden of proof lie? Discuss.
    2× in bank Topics: Burden of proof and presumptions
    Year and frequency →
  4. A intentionally and falsely misleads B to believe that A is the owner of the land. Relying on the statement of A, B purchases the land and pays for it. The land afterwards becomes the property of A. A files a suit to set aside the sale on the ground that at the time of the sale he had no title. Can he succeed? Discuss.
    Year and frequency →