U.P. Assistant Prosecution Officer Exam Mains 2015 Previous Year Paper (Law of Evidence)

Question 1

(a) What do you understand by relevancy of facts? Are all relevant facts admissible in Court? Explain. (10 Marks)

(b) Answer with reason whether the facts which are being proved in the following cases are relevant:

(i) A an accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says, as he delivers it, "A says you to hide this". Whether B's statement is relevant? (5 Marks)

(ii) The question is whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact shows that the crime could have been committed by no one else and it was not committed by either B, C or D. Whether the above-stated facts are relevant? (5 Marks)

Question 2

(a) Explain admission and confession, and distinguish between them. Also, discuss to what extent they are admissible in Court. (10 Marks)

(b) Are the following admission/confession admissible

(a) A undertakes to collect rent for B. B sues A for not collecting rent due from C to B. A denies that the rent was due from C to B Whether the statement by C that he owed rent of B is admissible against A? (5 Marks)

(b) A is on his trial for murder of C. There is evidence to show that C was murdered by A and B and that B said, "A and I murdered C". Whether the statement of B can be considered confession against A? (5 Marks)

Question 3

(a) Write exhaustive but brief notes on any two of the following: (10 Marks)

(i) Privileged communication

(ii) Direct and circumstantial evidence

(iii) Burden of proof

(iv) Expert opinion

(b) Answer with reason:

(i) The question is whether a horse sold by A to B is sound. A says to B, "Go and ask C; C knows all about it". Whether C's statement is an admission? (5 Marks)

(ii) A sues B for damage done by a dog of B, which B knows to be ferocious. whether the fact that the dog had previously bitten X, Y and Z and they had made complaint to B, is relevant? (5 Marks)

Question 4

(a) Distinguish between rebuttable and irrebuttable presumptions. (10 Marks)

(b) Distinguish between patent and latent ambiguities. Give examples of such ambiguities. (10 Marks)

Question 5

Explain briefly the rules governing relevancy of judgement of Court of justice. A prosecutes B for stealing a cow from him. B is convicted. The cow had been sold by B to C. A brings a suit against C for recovery of the cow and produces the judgement against B in Support of his claim. Is the Judgement relevant? Give reason for your answer. (20 Marks)

Question 6

Who is expert? What is the difference between an expert and an ordinary witness? Whether the evidence given by a doctor is admissible in the following cases?

(a) Opinion in construction of a document

(b) Opinion on the loss of earning capacity of an injured person. (20 Marks)

Question 7

(a) What are the essential features of the rule of estoppel as laid down in the Evidence Act? Can there be estoppel by silence in any circumstances? (20 Marks)

Question 8

Who is a competent witness under the Evidence Act? Whether the following persons can be competent witness? (20 Marks)

(a) Blind Witness

(b) Dumb Witness

(c) Judge and Magistrate

(d) Husband and Wife