Law of Evidence · Semester 2

Law of Evidence · August/September 2014 (old)

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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 · August/September 2014 (old)

August/September (old) 2014 · Law of Evidence · Semester 2

FACULTY OF LAW
LL.B. (3 YDC) III Year V Semester (Old) Examination, August / September 2014
Subject: LAW
PAPER - III: LAW OF EVIDENCE
Code: 4539/O | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Write short notes on any five of the following.
1. Conclusive Proof.
2. Res gestae.
3. Dying Declaration.
4. Circumstantial Evidence.
5. Latent Ambiguity.
6. Presumption as to Dowry Death.
7. Cross Examination.
8. Hostile Witness.
PART - B (2 x 15 = 30 Marks) — Answer any two of the following.
9. What is a Confession, and in what way does it differ from an Admission?
10. Who is an Expert, and when are opinions of an Expert relevant?
11. Who are competent witnesses? Is an accomplice a competent witness?
12. Discuss the general rules relating to burden of proof.
PART - C (2 x 10 = 20 Marks) — Answer any two of the following.
13. In a case between X and Y , the court having jurisdiction over insolvency proceedings adjudged Y
as an insolvent. Z, another creditor of Y , filed a suit against Y for recovery of the loan amount. Is the
judgment of the court that Y is an adjudged insolvent binding on Z? Discuss.
14. A daughter -in-law wrote a letter to her parents complaining that there was danger to her life
from her in-laws. One week after writing the letter, she died under suspicious circumstances. Is the
letter written by the deceased daughter-in-law relevant? Discuss.
15. In a case of custodial rape, where sexual intercourse by the accused is proved, the prosecutrix
stated in court that she had not consented to the sexual act. What type of presumption can be
raised by the court in this regard? What is the effect of such a presumption?
16. After commission of an offence, the husband informed his wife of the circumstances in which he
committed it. In the trial, the prosecution wants to produce the wife of the accused as a witness to
disclose what was communicated to her by her husband. Is it permissible? Discuss.

Part A · 6 marks

  1. Conclusive Proof.
    8× in bank Topics: Burden of proof and presumptions
    Year and frequency →
  2. Res gestae.
    9× in bank
    Year and frequency →
  3. Dying Declaration.
    4× in bank Topics: Dying declarations and statements of persons who cannot be called
    Year and frequency →
  4. Circumstantial Evidence.
    5× in bank Topics: Oral and documentary evidence; exclusion of oral by documentary
    Year and frequency →
  5. Latent Ambiguity.
    5× in bank
    Year and frequency →
  6. Presumption as to Dowry Death.
    4× in bank
    Year and frequency →
  7. Cross Examination.
    3× in bank Topics: Examination of witnesses
    Year and frequency →
  8. Hostile Witness.
    7× in bank
    Year and frequency →

Part B · 15 marks

  1. What is a Confession, and in what way does it differ from an Admission?
    Year and frequency →
  2. Who is an Expert, and when are opinions of an Expert relevant?
    2× in bank Topics: Facts in issue, relevant facts and the same transaction; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  3. Who are competent witnesses? Is an accomplice a competent witness?
    Topics: Examination of witnesses
    Year and frequency →
  4. Discuss the general rules relating to burden of proof.
    5× in bank Topics: Burden of proof and presumptions
    Year and frequency →

Part C · 10 marks

  1. In a case between X and Y , the court having jurisdiction over insolvency proceedings adjudged Y as an insolvent. Z, another creditor of Y , filed a suit against Y for recovery of the loan amount. Is the judgment of the court that Y is an adjudged insolvent binding on Z? Discuss.
    Year and frequency →
  2. A daughter -in-law wrote a letter to her parents complaining that there was danger to her life from her in-laws. One week after writing the letter, she died under suspicious circumstances. Is the letter written by the deceased daughter-in-law relevant? Discuss.
    Topics: Facts in issue, relevant facts and the same transaction; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  3. In a case of custodial rape, where sexual intercourse by the accused is proved, the prosecutrix stated in court that she had not consented to the sexual act. What type of presumption can be raised by the court in this regard? What is the effect of such a presumption?
    Year and frequency →
  4. After commission of an offence, the husband informed his wife of the circumstances in which he committed it. In the trial, the prosecution wants to produce the wife of the accused as a witness to disclose what was communicated to her by her husband. Is it permissible? Discuss.
    Year and frequency →