U.P. Assistant Prosecution Officer Exam Mains 2018 Previous Year Paper (Law of Evidence)

Candidates preparing for the U.P. Assistant Prosecution Officer Exam should solve the U.P. Assistant Prosecution Officer Exam Mains 2018 Previous Year Paper (Law of Evidence) and other previous year question papers. This helps in understanding the syllabus, preparing the subjects effectively, and aligning preparation with the types of questions asked. All successful candidates carefully analyze the tricks and question patterns of the UP APO exam. Aspirants should adopt this approach at the start of their preparation to gain a clear understanding of the question pattern and style.

Question 1

(a) What are the basic rules of evidence? Discuss in detail with the help of the provisions and illustrations as mentioned in the Indian Evidence Act, 1872. (10 Marks)

(b) Explain with reasons whether the facts to be proved in the following cases are in what manner and in which Section of Indian Evidence Act, 1872 relevant.

(i) A and B are accused in an offence of theft. Just before the completion of theft B told A that we will stay with our friend C. Be prepared. Whether the statement of B is relevant? (5 Marks)

(ii) A is tried for the murder of B by intentionally shooting him dead. A has earlier been shot at X and Y for murder. A also had shot at B earlier. Whether these facts are relevant? (5 Marks)

Question 2

Explain burden of proof and onus of proof. What are its various rules? Discuss factors which lessen the burden of proof. (20 Marks)

Question 3

(a) Define Dying declaration distinguishing between Indian and English Law. Discuss its evidentiary value. Whether a conviction can be based solely on dying declaration? Clarify. (10 Marks)

(b) Examine the relevancy of the facts in the following cases.

(i) A is an accused of snatching a gold chain of a lady with intent of theft in a running train bound to Delhi from Allahabad. The lady caught hold of A and handed over to railway protection force squad Sub-inspector who was in the train. A accepted his guilt with Sub-inspector without any pressure. Whether the confession is relevant against A? (5 Marks)

(ii) The question is whether the date of birth of A is 18-02-1990. At the time of birth A's father using turmeric powder entered the date on a wooden plank and kept at a safe place in the house. Whether the entry is relevant? (5 Marks)

Question 4

(a) Write complete but brief note on any two of the following. (10 Marks)

(i) Test as to fact forming part of same transaction.

(ii) Corroborative evidence.

(iii) Narco test and DNA profiling.

(iv) Electronic document.

(b) Decide following cases

(i) A sells B his estate C which contains map of the property. There is land not contained in the map but regarded as part of estate C. B wants to adduce evidence of a separate oral agreement that A also intended to sell the annexed land. Whether B will be allowed to do so? (5 Marks)

(ii) A is indicted for the murder of B. A witness C says that B while dying declared that A had given wound of which he died. C on a previous occasion told D that wound to B was not given by A or in his presence. In what manner the statement of C is admissible in evidence? (5 Marks)

Question 5

Write short answer on any four of the following. (20 Marks)

(a) Protection of the witnesses.

(b) Admissibility of illegally and improperly obtained evidence.

(c) Presumption of life and death.

(d) Test identification parade.

(e) Inculpatory and exculpatory confession.

(f) Right to Information Act 2005 and Professional Communication.

Question 6

Define primary and secondary evidence. When secondary evidence of a document and its contents may be given? Explain. Whether following are primary evidence? (20 Marks)

(i) Newspaper print of words spoken in public meeting

(ii) Back-up file in a computer system

(iii) Photograph of dead person.

Question 7

a) Who is an accomplice? How it differs from co-accused? Discuss the relevancy of its evidence and other related issue in the light of judicial decisions. (10 Marks)

(b) Explain following with reasons.

(i) A is tried for the murder of B. After the murder with an intent to inform his wife about the incident he writes an SMS on his mobile phone and forwarded on her mobile phone. By mistake due to digital similarity message appears on his brother's mobile phone. Whether this message is admissible in evidence? (5 Marks)

(ii) A is ravished by B. After the ravish she told her brother that I know you can not do anything against B. He has ravished me. Whether the statement of A is relevant? (5 Marks)

Question 8

A person called as a witness before a court of law is supposed to tell whatever he knows about the case but Indian Evidence Act 1872 admits certain situation in which he may not do so. Discuss. Clarify whether the credit of a witness may be impeached. (20 Marks)

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