Indian Evidence Act, 1872
Main Test Series
Maximum Marks - 200
Time - 3 Hrs
- (i) What measure have been taken under the witness Protection Scheme, 2018 for the protection of the witnesses?
(ii) Is child witness a competent witness? What precautions are to be taken in recording the testimony of a child witness? [20 marks] - "A great care must be taken in evaluating circumstantial evidence and if the evidence relied on its reasonably capable of two inferences, the one in favour of the accused must be accepted." In the light of this statement, discuss the panchsheel principles in evaluating circumstantial evidence as evolved by the Supreme Court of India. [10 marks]
- Relevancy and admissibility are neither co-extensive nor interchangeable terms. discuss [05 marks]
- Under what provisions of Indian Evidence Act, are the following facts relevant:,
(i) The cries for help heard by the people residing around the place where the girls was raped.
(ii) In a trial of rape of Kamla, the fact that on the night of rape, the police had received a distressed telephone call from a woman in which just before abrupt disconnection she could only say "Save me or I will be ravished."
(iii) In a case of theft of Jewellery in the bedroom against the servant the fact that only the domestic servant had keys of the bedroom and knew that the Jewellery was in the house that night. [15 marks] - Whether pre-trial Test Identification Parade conducted before a metropolitan Magistrate is evidence and is it relevant in a case triable before the Session Court. [15 marks]
- How is a sale deed of immovable property proved in Court? [10 marks]
- What are the different modes of proof under Indian Evidence Act, 1872? Whether electronic evidence, without being
supported with the certificate u/s. 65B is admissible? discuss with the help of statutory provisions and judicial decision. [ 10 marks]
- Recovery under section 27 must satisfy court's Conscience, Prosecution may at times take advantage of custody of accused by other means. Discuss this statement in the light of recent judgement. [10 marks]
- What is retracted confession? Discuss the law relating to relevancy and admissibility of retracted confession in the light of decision of State (NCT of Delhi) v. Navjot Sandhu. [10 marks]
- (i) Whether Prosecutrix is an accomplice?
(ii) Discuss the precaution to be taken by the court while recording the statement of a prosecutrix in the Court?
(iii) Factors to be kept in mind by the court while acting upon the testimony of a prosecutrix. [5x3=15 marks] - X, Blind by birth, is a victim of sexual assault. She identifies the accused 'A' only by voice during the trial. 'A' denies his presence at the spot. Under what circumstance and to what extent is such identification by voice reliable? [10 marks]
- Answer the following giving applicable provisions:
(i) Can a witness be cross-examined in facts not deposed by him in his examination-in-chief, if otherwise the crossexamination is a relevant point?
(ii) When a document is summoned by a plaintiff from a dependent for being produced as evidence, can the defendant after producing the same insist that the same be taken as evidence, if yes then when and if no then when? [10 marks] - A dying declaration is a weak type of evidence as the accused doesn't get an opportunity to cross examine the witness critically examine. [10 marks]
- How far fact of 'bad character' is relevant to show the probability to commit crime? Explain in the light of Sections 14 and 54 of the Indian Evidence Act, 1872. [10 marks]
- Write short note on best Evidence Rule. [10 marks]
- Write short note on:
(i) Res ipsa loquitur
(ii) Stock witness
(iii) Chance witness [15 marks] - A wife becomes pregnant through artificial insemination using the husband's sperm without his permission. Husband and wife have not met in 2 years. The child is born with severe disabilities. Husband denies the child to be his. Decide. [10 marks]
- Distinguish Estoppel and waiver [15 marks]
