GOA UNIVERSITY G.R.KARECOLLEGE OF LAW LLB DEGREE …grkarelaw.yolasite.com/resources/Degree/DEG-IV-EVIDENCE.pdfGOA UNIVERSITY G.R.KARECOLLEGE OF LAW LLB DEGREE SEM IV LAW OF EVIDENCE

GOA UNIVERSITY G.R.KARECOLLEGE OF LAW

LLB DEGREE SEM IV LAW OF EVIDENCE

OCT 2012,

APRIL 2012, OCT 2011,

APRIL 2011, Oct 2010,

APRIL 2010, Oct 2009,

April 2009, Oct 2008,

April 2008, OCT 2007,

APRIL 2007, Oct 2006(Old)

OCT 2006, April 2006,

Oct 2005(Old), April 2005, OCT 2004,

Oct 2004(Old), April 2004,

April 2004(Old), April 2004(Old),

2003(Old), 2003(Old), 2002(Old), 2001(Old)

2000(Old)(May be Oct), 2000(Old)(May be April),

Duration : 3 Hours Max. Marks : 1 00

Instructions: 1) Answer any ten questions.

2) All questions carry equal marks.

(1 Ox1 0=1 00)

1. Explain various kinds of Evidence.

2. When facts forming part of sam_e transaction relevant ?

3. Critically evaluate the admissibility of anything said, done or written by one

conspirator against other conspirator.

4. State the circumstances in which Judgements of the courts relevant.

5. What is confession ? When confession is not admissible ?

6. "Admission must be always against the interest of the person making it". Explain

and state the excepting if any.

7. Write a short note on any of the following :

a) May presume b) Character

8. "Oral evidence must in all the cases be direcf'. Explain.

9. Explain the cases in which oral evidence is excluded by documentary evidence.

1 0. When facts need not be proved ?

11. Who is a competent witness ?

12. What is leading question ? When such questions may be asked ?

13. Write short note on the follo~ing :

a) Communication during the marriage

b) Hostile witness.

14. Explain the rules regarding proof of legitimacy of a child.

IIIIIIIUU.IIIm TNY-56

LL.B. Degree (Semester - IV) Examination, April 2012 LAW OF EVIDENCE 24l+ [ t ~_ ~

.. Time : 3 Hours Total Marks : 1 00

Instructions : Answer any ten questions. All questions carry equal marks.

(10x10=100) 1. Discuss the doctrine of Resgeste with relevant case law.

2. Define admission distinguish with confession.

3. What is dying declaration ? Explain its admissibility with help of relevant case law.

4. Who is an expert ? State the circumstances in which experts opinion relevant.

5. When facts showing existence of state of mind, or of body or bodily feelings

relevant?

6. What is confession ? When confession of co-accused relevant ?

7. Answer the following:

a) Fact in issue

b) Oral evidence.

8. Explain the rules regarding proof of content of documents.

9. What is cross examination ? What kind or questions may be asked in cross

examination ?

10. Explain various kinds of privileged communications.

11. State the competency of the following witness :

a) Child witness

b) Dumb witness.

12. What is public document ? How they can be proved ?

13. What is burden or proof ? On whom the burden lies.

14. Write short note on the following :

a) 30 years old document

b) Digital signature.

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[Total No. of Questions : 91 \\ ·-:r. Wt"' ~ r \;; ~,...____ '~,.-:..

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LL.B. (Degree) (Semester- IV) Examinatl0i1~6ctober- 2011

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LAW OF EVIDENCE Indian Evidence Act

Duration : 3 flours Total Marks : 100

Instructions : 1) Answer any FIVE questions from Q.No. 1 to 8.

2) Q.No. 9 is Compulsory.

[5 X 15 = 75]

Q1) Explain various presumptions that are recognized under Indian Evidence Act.

Q2) What is confession? When confession to a police officer is irrelevant?

Q3) Every witness must be a witness of fact but not of opinion explain.

Q4) Hearsay evidence is no evidence explain and state the exceptions if any.

Q5) . Who is an accomplice? Examine the evidentiary value of accomplice evidence.

Q6) Explain the order of examination. When leading questions can be asked?

Q7) Explain various principles relating to doctrine of estoppel.

Q8) What is Public document? Explain the modes of proof of public documents.

Q9) Write a short note on any FIVE of the following: [5 X 5 = 25}

a) Conduct.

b) Similar facts.

c) Admission by conduct.

d) Character.

e) Professional communication.

·f) Presumption of dowry death.

g) Res geste.

IIIR!III iiiiiiiiHIIWIIli Ill TNY -56 ~

LL.B. (Degree) (Semester- IV) Examination, October 2010 LAW OF EVIDENCE

Duration: 3 Hours Total Marks: 100

Instructions: Answer any five questions from Q. No. 1 to 8. Q.No.9~compuhory.

1. Explain various presumptions that are recognized under Indian Evidence Act.

2. Examine the relevancy of facts forming part of same transaction with relevant case law.

3. What is admission ? Who can make admissions ?

4. Witness must be a witness of fact but not of opinion - Explain and state when expert's opinion is relevant.

5. What is documentary evidence ? \Vhen secondary evidence is admissible ?

6. Who is an accomplice ? Examine the evidentiary value of accomplice evidence.

7. Answer the following :

a) Presumption as to dowry death

b) Professional communication.

8. Explain doctrine of estoppels with relevant case law.

9. Write short notes on any five of the following :

a) Conduct

b) Similar facts

c) Confession to a police officer

d) Character

e) Child witness

f) Identity of persons

g) Leading question.

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LL.B. Degree (Sem. - IV) Examination, April 2010 LAW EVIDENCE

TNY- Sf

)uration : 3 Hours Total Marks : 1 Qi

Instructions : Answer any five questions from Q. No. 1 to 8. Q. No. 9 is compulsory.

1 . Explain when anything said done or written by one conspirator is admissible against other ?

2. What is confession ? When confession of co accused is relevant?

3. Define Dying declaration and explain its evidentiary value.

4. Who is an expert? When such an expert's evidence is admissible ?

5. Oral evidence must be direct - Conunent.

6 . Explain the order of examination. When leading questions can be asked ?

7 . Critically analyze rule of burden of proof.

8. What is public document ? Explain the modes of proof of public documents.

9 . Write a short note on any five of the following :

a) May presume

b) Res geste

c) Accomplice

d) Communjcation during tnarriage

e) Relevancy of character

f) Motive

g) Hostile witness.

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LL.B. (Degree) (Semester- IV) Examination, October 2009 LAW OF EVIDENCE

)uration : 3 Hours Total Marks : 100

Instructions : 1) Answer any five questions from 0 . No. 1 to 8. (Sx15=75) 2) Q. No. 9 is compulsory.

1. What do you mean by Best Evidence Rule? How does it apply to document and '

real evidence ?

2. What is meant by confession ? Distinguish between admission and confession.

3 . Explain and illustrate the difference between direct and circumstantial evidence. Can

an accused person be convicted purely on the basis of circumstantial evidence?

4. What is dying declaration ? Discuss the credibility of dying declaration with

reference to decided cases. Can a dying declaration form the sole basis of

conviction ?

5. Who is an expert ? What is the evidentiary value of an expert opinion both in

Ci vii and Criminal proceedings ?

6. Who is Hostile Witness? Explain the admissibility of Hostile Witness's evidence.

7. Explain the Law relating to Examination in Chief and Cross Examination.

8. Explain the following :

a) The rule of Estoppel

b) Child Witnesses.

P.T.O.

W - 56 lllllllllllllllllllllllllllllllllll .

. Write short notes on any five :. (5x5=25)

i) Public Documents

ii) Leading Questions

iii) Professional Communications

iv) Accomplice

v) Re-examination

vi) Refreshing Memory .

vii) Conduct

viii) Res Gestae.

IIIMI~IIIIIII 9111111~111 .

. LL.B. (Degree) (Sem.- IV) Examination, April2009 LAW OF EVIDENCE

TNY -56


Instructions : 1) Answer any five questions from Q. No. 1 to 8. (5x15=75) 2) Q. No.9 is compulsory.

1. Who is an accomplice ? Distinguish between accomplice and an approver. How far the testimony of accomplice is relevant ?

2. Define "Evidence" as explained in the Evidence Act. What are the different kinds of Evidences ? Distinguish between Evidence and Proof.

3. Explain the term "fact". Distinguish between fact in issue and relevant fact.

4. What do you mean by retracted confessions? Explain the evidentiary value of retracted confessions.

5. Explain the provisions of Indian Evidence Act relating to examination of parties.

6. What are the circumstances in which a witn:ess will be declared hostile by court?


a) Burden of Proof

b) Dying-Declaration.

8. What are presumptions ? Distinguish between rebuttable presumptions and irrebuttable presumptions.

9. Write short notes on any five :

i) Communication during marriage

ii) Presumption as to dowry death

iii) Impeaching credit of witnesses

iv) Judgment in Rem and Judgment in Personam

v) Facts of which court must take judicial notice

vi) Secondary Evidence

vii) History ofLaw of Evidence

viii) Pratap Singh v State of Punjab on admissibility of tap recorded conversations.

(5x5=25)

11111111111111111111111111111111111

Duration : 3 Hours

LL.B. Degree (Sem. - IV) Examination, 2008 LAW OF EVIDENCE

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Max. Marks: 100

Instructions: 1) Answer any six questions from Q. No. 1 to 9. (6x15=90)

2) Question No. 10 is compulsory. (2x5=10)

I. Define the tenn evidence. Explain various kinds of evidence.

2. Explain when facts showing motive, preparation and conduct relevant.

3. What is confession ? When confession to a police officer relevant ?

4. Expectation of death is not a precondition for admissibility of dying declaration in India - Ex plain with relevant case Ia w.

5. Who is an expert ? When expert's opinion is relevant under Indian Evidence Act ?

6. Oral evidence must be direct- Explain and state the exceptions if any ?

7. Discuss when oral evidence can be excluded by documentary evidence.

8. ExpJain the following:

a) Presutnption in dowry cases b) Estoppel.

9. Examine the order of examination of witness.

I 0. Answer any two of the following with reasons :

a) A was prosecuted for killing B. Prosecution wants to produce the fact that A previously killed X, Y, and Z. Advice A.

b) A, a client says to B, a Lawyer- "I have committed forgery and I wish you to defend me" Can the Lawyer disclose this conversation to the court.

c) A prosecuted B for adultery with C, A's wife. B denies that C is A's wife, but the court convicts B for adultery. Afterwards, Cis prosecuted for bigamy in man·ying B during A's life time. C says that she never was A's wife. Can A produce the judgment against B to prove that Cis A's wife?

I IH~IU m111111~11 111111111111 TNY -56

LL.B. Degree (Sem. - IV) Examination, April 2008

LAW OF EVIDENCE

Duration : 3 Hours Max. Marks : 100

Instructions: 1) Answer any six Questions from Q. No. 1 to 9. (6x15=90)

2) Question No. 10 is compulsory. (2x5=10)

l . When facts forming the part of same transaction is relevant ?

2 . What is criminal conspiracy and when things said, done and written by one

conspirator i~ relevant against another conspirator ?

3. Define admission and confession. Enumerate the differences between them.

4. Every witness should be a witness of fact not opinion - Explain the statement

and state exceptions if any.

5. What is dying declaration ? Explain the condition of its admissibility.

6. What is secondary evidence? Enumerate the circumstances in which secondary

evidence is admissible.

7 . Explain the following :

a) Communication during marriage.

b) Child witness.

8. Examine the concept of Burden of Proof under Indian Evidence Act.

9. Discuss· the admissibility of doctrine of Estoppel under Indian Evidence Act.

P.T.O

~ . ' ...

fNY- 56 111ti110 11111111111111111111111111

I 0. Answer any Two of the following with reasons :

a) A was accused of burning down his house in order to obtain money for

which it is insured. Whether the facts that A lived in several houses successively,

each of which he insured, in each of which a fire occurred and A received

payment from different insurance company relevant ?

b) A alleged that B promised to marry her. A wants to prove the promise by

showing evidence that numerous occa~ions A wrote letters to B alleging the

promise but B did not Reply. Advise B.

c) A prosecuted B for stealing a mobile phone from him. B is convicted. A afterwards sues C for the Mobile Phone, which B had sold to him before his

conviction. Whether the judgment against B is relevant in the case between A and C.

)uration: 3 Hours

LL.B. Degree (Sem - IV) Examination, 2007 LAW OF EVIDENCE

Instructions : 1) Answer any six questions from Q. No .. 1 to 9.

2) Question No. 10 is compulsory. -

TNY -56

Max. Marks : 100

6x15 =90

2x5 =10

1. Explain various presumptions recognized under Indian Evidence Act. When court could raise such presumptions ? -

2. When facts showing state of mind, body and bodily feeling are relevant ?

3. Examine the scope of protection given to an accused by Indian Evidence Act against the confession to a police officer.

4. What is dying declaration ? Explain conditions of admissibility of dying declaration.

5 . Who is an expert ? Explain the relevancy of expert opinion with the help of decided case law.

6 . What is Secondary Evidence ? Enumerate the circumstances in which secondary evidence is admissible.

7. Explain the rule of exclusion of oral evidence by documentary evidence.


a) Accomplice b) Cross examination

9. Critically evaluate various provisions of Indian Evidence Act relating to burden of proof.

1 0. Answer any two of the following with reasons :

a) A was prosecuted for forgery of a promissory note. Prosecution wants to produce a fact showing that A was found in possession of number of documents purported to be forged. Advice A.

P.T.O.

~Y-56 ·

b) A alleged that B -promised to marry her. _ A 'Wants to prove the promise by showing evidence that num~ro~s occasions A wrote letters to B alleging the promise but B did not reply. Advise B. ·

c) A is accused of burning down his house in order to obtain money for which it is insured. Whether the facts that A lived in several houses successively,-each of which he insured, a fire occurred in all tho.se houses and each time A received payment from different insurance companies relevant?

TNY -St

LL.B. Degree (Semester - IV) Examination, April 2007 LAW OF EVIDENCE

: 3 Hours / Max. Marks : 100

Instructions:.l ) Answer any six questions from Q. No. 1 to 9. 2) Question No. 10 is compulsory.

(6x15=90) (2x5=10)

, which, though not in issue, are so connected with ayct in issue~ to form of the same transaction, are relevant" - Explain. ../ V j

relevancy of facts showing motive, preparation and ~~t.

..,. .. ,...'"' ..... Who can make admission ?~ · t is dying declaration ? What is the evidentiary value of dying declar~· ?

. Explain the relevancy of character in civil and criminal cases. .-

say ev~dence is n~ evide~ce - Explain and state the exceptions if anW

. No witness can be allowed to give evidence_ in the co~rt !f he is not competent to be a witriess - Examine the statement. ·· ·

ain the following :

a) Professional communication./

b) Presumption as to legitimacy.

is leading question ? When such questions can be and can not b~ asked ? ·

n<'\'I TPr any two of the followmg wit]l reasons : . . ,

a) A is tried for murder of B. Prosecuti~ ~roduced evidence that A absconded ~ from his house soon after the murder. A want to produce evidence to show that he left the house to attend a sudden and urgent business.Are these facts relevant.

b) A accused of murder of B alleges that he killed B on sudden and grave ·provocation given by B. On whom the burden lies ?

c) A is tried for forgery of will. Prosecution wants to produce the fact showing · that A was in possession of several other forged documents. Advice A.

Time: 3 Hours

LL.B. Degree (Sem. - IV) Examination, 2006 LAW OF EVIDENCE (New) '{

Instructions: Answer any six questions from Q. No. 1 to 9. Question No. 10 is compulsory.

MAH-Sf

Max. Marks: lOl

(6x15=90 (2x5=10

1. E~plain the circumstances in which facts forming the same transaction are relevant.


3. Define admission and distinguish it from confession.

4. Examine the relevancy of expert's opinion.

5. What is dying declaration ? Examine the evidentiary value of Dying declaration.

6. "Oral evidence must in all cases be direct." Explain and state the exceptions.

7. Discuss the principles of burden of proof under Indian Evidence Act.

8. Explain the rule of exclusion of oral by documentary evidence.

9. Explain the order of examination of witness.

10. Answer any two of the following with reasons:

a) A is charged with shooting at B with intent to kill him. Prosecution wants to show that A had previously shot at B. Is it admissible?

b) A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale he had no title. Decide.

c) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. On whom the burden lies ?

MAH-2

LL~B. Degree (Se1itester- IV) (Old Course) Examination, October 2006 INDIAN EVIDENCE ACT

Duration : 3 Hours Max. Marks: 75

SECTION -I

Answer any four from Q. No. 1 to 6. ·

Q. No.7 is' compulsory.

·· (4x8=32)

(2x3=6)

1. When facts forming same transaction relevant under Indian Evidence Act ? . . . . . . . ·. .

2. Discuss the relevancy of motive, preparation arid conduct. . ~ .

3. Define confession. When confession of a co-accused is relevant ?

4. Define admission. \Vhen an admission can be made in favour of the person making it? ·

5. Critically analyze various presumptions that can be raised by a court under Indian Evidence Act.

6. Explain various methods of proving handwriting.

7. Write short note on any two of the following:

a) Character

b) Circumstantial evidence

c) Alibi

d) Highly probable and improbable.

·SECTION - II

Answer any four frorn Q. No. 8 to 13.

Q. No. 14 is co~pulsory.

(4x8=32)

5

8. Hearsay evidence is no evidence '- explain.

9. \Vhat is second.arY eviqence iTd when it can !Je given ?

P.1:0.

MAJI - .2

11 . Discuss the following:

-a) Priv~te and PubHc document

b) Accomplice.

12-.- Explain the order of examination. When .leading questidns can be asked ? ·-·

tt CJiticaHy evaluate doctrine of estoppel.

14. Answ-er any ·two of the foHo~ing with re~so~s. ·

a) A agrees in writing to . .sell a. horse for Rs. 4000/- or Rs. 5000/- B wants to lead evidence that: the price was Rs. 4000/- and not Rs. 5000/-. Can he be allowed to do so? - ·

q) A is an ac_cused of killing _B. Are facts sh_,owing th{lt pr~vi,ously ~ JcipedC, D; E : ar1d F relevant ? · · · - ·

c) A, a client say to B, his lawyer "I have committed forgery and I wish you to ,,•: d:efend meJ '·1s thi:_s s~atement protected froll}.disdosure. ?·' · -. · ·

MAH-5

LL.B. Degree (Sem. - IV) Examination, April 2006 LAW OF EVIDENCE (New)


Instructions: 1) Answer any six questions from Q.No. 1 to 9. 2) Question No. I 0 is compulsory.

1. Explain the relevancy of facts to prove the conspiracy.


3. What is dying declaration ? Explain the conditions of its relevancy.

6xl5=9 2x5=.l

4. Define confession. When confession by an accused relevant against co accused ?

5. "Every witness is a witness of fact, not of opinion". Explain the exception for this.

6. Critically examine the rule of exclusion of oral by documentary evidence.

7. Explain the following:

a) Accomplice

b) Hearsay evidence

8. Explain the order of examination. When leading questions can be asked ?

9. State the provisions of Indian Evidence Act relating to the burden of proof.

10. Answer any two of the following with reasons:

a) A prosecutes B for adultery with C, N.s wife. B denies that Cis Ns wife, But the court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's life time·C says that she never was A's wife. A want to produce the judgment against B as a proof. Is the judgment against B is relevant against C ?

b) A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale he had no title. Decide.

c) A is accused of receiving stolen goods knowing t~em to be stolen. Is the fact that he refused to sell them below their market price relevant ?

TNY- 55 IIIII I u 11111111111

9. Write short notes on any five of the following : (5x5=25)

a) Central Zoo Authority

b) Green house effect

c) Kinds of pollution and their causes . d) Polluter pays principle

e) The National Environment Tribunal

f) Ganga water pollution cases

·g) Strict liability principle

h) Loopholes in the Environment (Protection) Act, 1986.

S.Y. LL.B :J 'l{E~arS; (Sem(~StetJ\J) JK:Jt~.aulinatilon~ 2005

INHIAN :EVIDI~NCE ACT


Answer nny FOUR from Q.No 1 to 6. 4X8=32 ..-.,

Q.No 7 is compulsory. 2X3= 6

l. Exp!ain the doctrine of Res geste with the help of case law.

2. Critically e\'aluate the circumstances Ln which any thing said, ¥.rritten, or done by one conspirator

is relevant against another conspirator

3. Explain vazious kinds of admissi<sns, when .. ~dmission can be made by third party.

4. A confession by an accused eitbe:~ to polke oflker-or in the cuswdy of police is irrelevant-

explain

5. Discuss the relevancy of dying de:clal'2'iion.

6. Explain the evidentiary value of t:xpert's opinir,m.

7. .Write short note on any TWO of the :following:

a) Conduct

b) When character relevant

c) Conclusive proof

d) Fact in issue.

Answer any Four :fa·om Q.No 8 to 13.

Q.No 14 is compulsory.

Section - II

4X8=32

5

8. \Vhat is documentary evidence? 'lVhe;fl secondary ~vidence may be given?

9. State the law relating to burden ofpr•)jf

.1 0. Vlho is competent to be a witnes~:?

11. Discuss privileg~ coromunkaticn betwe·~n wife e>.nd huBband; 1av.:yer and client.

12. What is estoppel? Expiain various kbds <>f cstC1ppcl.

13. "Evidence in all cases: must be direc.f' --Explain ar:.d state the exceptions if any. . - .

~ 4. Answer any TWO of the following 'i-vith J:easons:

. a) Certain cement bags stolen from A'::: godo·,,;~::n ar:e :f,,)und lying on "the -road in front ofB's house:. B

is tried for the offence of theft. Can. ~~ouTI: r~dse any presumption?

b) A has 23 p:rior· convictions which the pro.~:t~<:ution ·wants to be proved for establishing his bad

character in a criminal .case during tr::al. o:~ A for the offence of hose breaking. Is it pernlissible?

c) A sues B for damages done by a dog of B 's wbich B knew to be ferocio·us. A wants to show the

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SAM-56

-LL.B. (3 Years) Degree (Semester IV) Examination, April2005 ~·· LAW OF EVIDENCE (New)


Instructions :I) Answer any six questions from Q.No. 1 to 9. II) Q. No.lO is compulsory.

(6x15=90)

1. Explain with the help of cases the relevancy of facts forming part of same transaction.

2. Explain different kinds of admission and discuss valid~ty of admission obtained under the promise of secrecy.

3. Who is an expert? Explain the evidentiary value of opinion of an expert.

·4. What is Burden of Proof? Explain general provision relating to Burden of Proof.

5 . . State the provisions relating to the exclusion of oral by documentary Evidence.

6. Explain concept of estopple under Indian Evidence Act.

7 . Di~uss with exceptions the protection available to communication during marriage.

K Explain:

a) Res gaestae

b) Evidence as to. good Character .

... 9. Explain the order of Examination. What qtiestion can be asked in Examination in Chief?

10. Answer any two of the following : (2x5=10)

a) B approaches Court and files a case of defamation against A. B wants to prove facts regarding previous attempts of defamation showing in will on part of A towards B. Whether the fact is relevant?

b) A sues B and asserts that property in possession of B belongs to A, due to operation of will written by C. Who is under the burden to pro_ve ?

c) A party to the. suit refuses ~o produce the document, inspite of rept=>.atPrl summons. Expl~ip the.presumption the Court can draw.

··'

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Tinte : 3 Hrs. Max.Marks : 75 __ ,__··-~---·-~.------·-•111.'11 •11111' ... -•-•W-IIW,IIfl!--•••o~o•-•u""•~'"''wt''ll· -.llt._. .• ---••-••••--~------------------~-----~------

Instructions : I. Answe1' an)• four questions from Q.l\lltJ.l to 6. Question no. 7 is compulsory. 2. AnsweJ'' any }'aur questi.ons frm:l''t Q.!Vo.. 8 to 13. Question No. 14 is compulsory.

SECT/Ol'-l-1 ---~_, __ _

( 4x8 32) . Q.l. Defme "admission" and explain the d rcu.mstance under which it can be made and the

persons who can make i t.

' Q.2. What is confessn«:m? . Distil1liguL~h bt~P.1r,ee:ot judicial :mnd extra-judicial confession.

Q.3. S.tate the law relating to dy~ng declaration vrith reft~rence to case-law.

Q-4. Explain the releYancy of the e1:pert opinion.

Q.S. "Evidem;::e, in all cas·cs, mllllst bt~ d.il'ett". Kr.:plahll.

· Q.6. When ar e facts forming tlte part of the same transaction, relevant ?

Q. 7. Write short nott~li on any T1iyo .< 2x3=6) (i) Judgeme11t :in re~m and J udgoemcmt in personam·. · (ii) Character when relevant. (iii) Fact in issu~.

SE'CTION-11

Q.~. Explain ~ully 0) Pl"imary and Secondary Evideltlte. (ii) Facts fudiciaUy noti~eable.

Q.9. Discuss ~he rules as reg.a.rd~; tht~ pn-,smJa.1pHm1 as ~:o du,cuments.

Q.lO. State the law rel:ati~mg to brwde11 of pr<llOf:.

Q.ll. Discuss fully the dloctrimt(: of Estoppd 11.md.er the pr·nvisions of Indian Evi. Act.

Q.l2. Explain tllle follO'i'1'iniltt =·· ,( i) Co111peteil1cy oifwitJJH!;sses.. . (ii) Protection against d:isclosun~ of prM'e~si~u.al t~omm_unici:ltion. -

P.T.O.

. Q.l.~. Discuss the following : (i) Cross-examination. (ii) Leading question.

Q.14. An~£1" any t\vQ :of the followi:11g. (2 Yz x 2=5) (i) "A" i.; fotnnd to be in possessilm of~,folen b:1.gs of cement about 6 months after the

theft can be prosecution be allon·ed to give eddence so as to enable the court to draw pnmmption that "A" h:a£ :~toJen the bags?

(if) A punch witness in a eJimh·u*! tri~t] festifi.rts duit be has neither visited tlie cite nor. be knows th1~ accused and tha1 his signature wns taken in the polic.e station. Can the prosecut inn be allotved to cJro~£:-t~xamine ~h€:' witness ?

. ,

(iii) "A" agrees in writing to sen tn B, the horse lfor Rs. 4000/- or Rs. 5000/-. "B" wants to prove that the price of hoa1-<e was Rs. 4000 and not Rs. 5000/- • C!ln he be allowed to do so?

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LL.B. (SEi~f.IV) E.~~~f!VA TIOiY_.OCTOBER 2004 LA J17 .Qlf'_K~·'I,!~'£VCE {~Vew)

Time: 3 hrs. Max.Marks: 100 ----------·----·---------··----------------

INSTRUCTIONS: 1. Answer an} SIX questions from Qu:?s. Nv. l to 9. 2. Question l\'o. 10 is compulsory.

Q. 1. Explain fully the law relating to <:on,ess.:.on Distinguish c:nfession from admission. (15)

Q.2. Discuss the provisions as regard ~ d) ing declarati )n "'; .h c.:cided cases. (15)

Q.3. Explain the- following :- (15) (i) Judgement in rem and Ju igenent i pt!rscnam. (ii) Character when relevant

Q.4. \Vhen are Expert opbion relevam? (15)

Q.5. "Evidence in all cases must be d rec " . E~.pl:d.n fully. (15)

Q.6. Explain the law of presumpt10ns unde: the provisions o ~ f·, idence Act. (15)

Q.7. State the provisions of Evidence Ac r~Jating t:o the burde11 of proof. (15)

Q.8. Discuss fully the scope of the dcctrhe ofl-.:~.upp~ L (15)

Q.9. Explain the followinb :- (15) (i) Leading question. (ii) Cross Exarnindtton. (iii) Hostile witness.

Q.lO. Answer any T\VO '' 'ith reasom· (10) (i) 'A' a client s. ys to 'B' b .s Lawyer 'J l1ave comrni•:.ed forgery and I wish you to

defend me'. Is th1s communicatio 1 prate cted frorn disclosure?

(ii) A puncha wi.ness in apt ohi.Jitio:1 cnse te 3tifies th 1t he did not see the accused, nor the bottle ofwiskey .md that ht: !;igneJ the Jur.:hnama at the police station - Can the prosecutor cress exan1in.! the punch" w :ness?

(iii) Cement bags stolen frorr: 'A's god Jwn are four:.d I:. ing on the road in front of 'B's house. B is 1: · ed for off. :net cf the fl and the prost :uti on wants to rely on the above mentioned fact for raisir g a presum;nion that B ha:; committed theft. Will the court be justified i 1 drawing s.1ch presumption?

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LL.U. Scm. ·--· l'V Kxamim:rtaon Q,ct. 2004 LA YV OF EVlDENCE (Old)

T ime : 3 Hrs. Max. Marks :75 -------·' .,.. __ ................. -------------· .. --~ .. ~ ----·----··· _____ ..;. . --··-~- -~·~· ... --·~··---- ·-- ·~---- ........ ..:. _______ -------------- _..,. __ ----------------Instructions: I¥rAnswE:r any FOUR questions from Q.No. l to Q.No. 6. Q.No. 7 is compulsory.

2) Answer any FOUR questions hom Q.No. 8 to Q.No. 13 . Q.No. !4 is compulsory. SECTION -1 . ( 4 x 8 = 32)

Q .1 When are the facts forming the part of the same transa~;tion r elevant under . . Indian Evidence Act ?. .

Q.2 What is admission? State th~ circumstances under 'illhich admission can be made and the person who can make admis:sion .

Q.3 Define confession . State its relevancy .

Q.4 Discuss the law relating to dying dr~daratlo:n under the provisions of Ilidian Evidence Act with referenc-e to case- laws.

Q.S Explain fiJlly the aspect of l~tcts vrhicb need not be proved.

Q.6 Disct1ss the evidentiary value of Expert Opinion .

Q,7 Write short notes on any TWO ·I) Facts in issue

Q.8

Q.9

Q.JO

Q.ll

Q,12

Q.B

Q.14

' ' - .. ... ~ .

2) Judgement in rem and judgernent in personam . 3) Character when relevant

SECTION -II (4x8=32)

Explain the rule as to presumptions as regards docmnents .

State the law relating to the burden of proof.

Discuss the doctrine of Estoppel . What are kinds of t~stoppel? ,

Explain fully : 1) Privileged <:ommunica.tion between husband and wi f~ 2) Who are competent to testify ?

Discu~s the following : 1) Public and private document . 2) Hearsay evidence ..

State the provisions of law relating to the ex·clusion oforal by documi;ntary evidence.

Answer any two of the foUovving : , ( 2 x 2 y; ~ 5) i) 'A' t he puncba wi1tness [{':stifie:d thm he doesn't ~JIOW the ac~used and that his signature

was obtained ]n the police sta1ion . Can the prosecution be ajlowed to cross-examine the witness?

.... ii1 '/\.' agrees in wding to~ sell ~he hor;~e fcm· Rs. 4<JOG or Rs. 5QOO ·.·'B' vvants toiead evidence . . . that tl;e price wa_~ R;, 4000 and not!.·:~!;. 5COO. c:cm.l te be allowed. to do so?

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· LL.B. (D«~gree } Sem. IV Examination .(~~..pril2004 :--. LAW OF EVIDENCE

Time: 3 hrs. Max. Marks : 100

Instructions: 1) Answer any SIX questionsj1-om Q, 6 to 9 2) Question 10 is compulsory

Q.l Explain fully the provisions of Indian Evidence Act relating to confessions. Distinguish confession from admission (15)

Q:2 Discuss the provisions as regards dying d.eclaration. Vlri.th caselaw.. (15)

Q.3 State the evidencing value of the Expert Opinion. (15)

Q.4 Explain fully the relevancy of judgemenB of courts of law. (15)

Q.5 "The evidence in all case$ must be direct". Explain . (15)

Q.6 Explain the follo~'ing: (15) i) Character when relevant ii) Facts forming the part of same transaction.

Q.7 Distinguish between public and private documents. V/hen secondary _ evidence may be given? · · ( 15)

Q.8 Explain the law relating to burden: of proof. (15)

Q. 9 Discuss fully the doctrine of estoppel. ( 15)

Q.l 0 Answer any Two vvith reasons : (10)

i) A punch witness in a prohibition ca:se testifies " I did not see the accused , nor the whiskey bottle. ~,[y signature was obtained at the police station". Can the prosecutor crossM examine the~ puncha witness?

ii) A client says to B, his lawyer " I have committed. forgery and I want you to defend me". Is this communication protected from disclosure?' ,

iii) Kamala was accused of the murder of Ratna. Can the fact that Kamala was found wearing the goidchain of Ratn:i the day befor·e she was arrested, be admitted in evidence?

Time : 3 Hrs.

LL.B. Sem.IV ]{;J;amiluation Apu·i1 2004 LAW OF ll:VlDENCE (Old)

Max. Marks : 75

Instructions:l)Answer any FOUR questions from Q.l to 6. Question 7 is compulsory 2} Answer any FOUR questions from Q. 8 to 13 . Question 14 is compulsory.

SECTION- I ( 4 x 8 = 32) Q. l State the relevanc.y of the Facts forming part of the same transaction.

Q.2 Define admission. Who can make it? Under what circumstances can it be made?

Q.3 What is confession? Can the confession made by one accused be used against another co-acc:used?

Q.4 State the provisions of the law as re:gards dying declaration with reference to decided cases .

Q.5 Discuss the relevancy of expert opinion.·

Q.6 Explain fully' Evidence, in aU cases must be direct".

Q.7 Wtit.e short notes on any TWO of t..'le following i) ~haracter when relevant ii) Facts judicially noticeable iii) Relevancy of judgements of court of law

SECI'ION -II

. ·.-:

(2 x :3 = 6)

(4 X 8 =32) Q.8 · Explain fully the provisions of law relating to primary and secondary evidence.

Q.9 State the rules as to presumptions as regards the documents.

Q.l 0 Discuss fully the law relating to the burden of proof

Q.ll Explain the doctrine of estoppel under the provisions of Indian Evidence Acts.

Q.12 Discuss the following: i) Competancy ofwitness. ii) Privileged communicatioti between husband and wife.

- Q.13 · Write short noteson the following : i) Leading question ii) Refreshing the memory.

Q.14 Answer any TWO of the follm.,.ing (2 x 2 Y:i = 5) i) ' !-!\.' .is a accused of murd.eitof 'B' but alleges that he was insane at the time of doing the offence, Is the burdt:m of proof on 'A'? · ii) • A' agrees in writing to sell a horse for Rs.400()/ .. or Rs. 5000/- . 'B' wants to lead evidence that the price to- be. gin:n wa:1 Rs. 400{)/. and not Rs. 5000/- Is such ·evidence admiss.iple?

iii) '·A' accused of certain otli;~nce m.ak{::> a confesSQO.n. to a police officer in t he pre3ence of the ~,1agis.trate. Cm sud' a confession be provf.~d ag~instthe_accus!(?? . ·

SRN-192

LL.B. (3 Years) (IV Semester)· Examination, 2003 LAW OF EVIDENCE

: .'

Duration: 3 Hours Max. Marks: 75 r~

Instructions: 1) Answer any four questions from Q. No. 1 - 6, Q. No. 7 is compulsory. 2) A.itswer any four questions from Q. No. 8 -13, Q. No. 14 is compulsory.

SECTION - I

\

1. b'xamine the scope of doctrine of res gestae under Indian Evidence Act. (4x8=32)

2. Dis,cuss the admissibility of facts showing motive, preparation and conduct.

' 3. What '1;<S an Admission ? What are the reasons for admissibility of admission ? Explain various l:jnds of admissions.

\

4. Discuss the' \<<alidity of a confession to a Police Officer. State exceptions if any.

5. When dying detdaration is admissible? Explain the evidentiary value of dying declaration.

6. Who is an Expert ~When his evidence admissible under Indian Evidence Act ?

7. · Write short notes on an)' two of the following: (2x3=6)

a) MayPresume b} Similarfacts c) Characterincivilcases.

SECTION -II

8. What is primary evidence ? Wher• "')econdary evidence is admissible ? (4x8=32)

9. Hear say evidence is no evidence- E1,plain and state the exception if any.

10. Explain the doc~ne of estoppel and ex~umerate various kinds of estoppel.

11. Explain the following:

a) Proof oflegitimacy b) Piresumption in rape cases.

12. Discuss when oral evidence can be excluded J:ty documentary evidence.

13. Explain the order of examination. What question c.~an be asked in cross-examination ?

14. Answer any two of the following with reasons: (2x21/2=5)

a) A is tried for the murder ofB by intentionally shooting 1him dead. The fact thatA on other occasions shot at C, D and E is relevant and admis~ible ?

b) A is accused of receiving stolen goods knowing them to be stolen . .tt, offers to prove that he refused to sell them below their value. Is it relevant and admissil'Jle ?

e) A a client says to Ban attorney: 'I killed C, and I wish you to defend m .e'. Is this ' ' protected from disclosure? ,.-:;::..'-· ~~-~:::~~- - . .

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SRN -110 LL.B. IV Semester (3 Years) Examination, 2003

LAW OF EVIDENCE

Duration : 3 Hours

Instructions :

Max. Marks : 75

1) Answer any four questions from Q. No. 1 - 6, Q. No. 7 is compulsory. 2) Answer any four questions from Q. No. 8 - 13, Q. No. 14 is

compulsory.

SECTION- I

1. When facts forming same transaction relevant under Indian Evidence Act?

(4x8 = 32)

2. Critically analyze the circumstances in which any thing said, written or done by one conspirator is relevant against another conspirator.

3. Define confession. When confession of an accused relevant against co-ac::used?

4. What is admission ? Who can make admission ?

5. Explain when facts need not be proved.

6. Discuss the relevancy of character in civil as well as criminal cases.

7. Write short notes on any two of the following:

a) Conduct b) Shall presume c) Fact in issue. SECTION- II

8. What is documentary evidence? When secondary evidence may be given?

9. Explain the ru)es regarding presumptions as to documents.


a) Public document b) Accomplice.

(2x3 = 6)

(4x8 = 32)

11 . Discuss fully the provisions of Indian Evidence Act pertaining to the burden of proof.

12. All persons shall be competent to testify - Explain and state exception if any.

13. Discuss privileged communications between:

a) Wife and Husband b) Lawyer and Client. 14. Answer any two of the following with reasons : (2x2lf2= 5)

a) A sues .B for damages done by a dog of B 's whic~ B knew to be ferocious. A wants to show the fact that the dog had previously bitten X, Y and Z, that they had made complaints to B. Is ittelevant?

b) A prosecutes B for addltery with C, A's wife. B denies that Cis A's wife, but the court covicts B for adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. Is the judgment against B relevant against C ? .

c) A was prosecuted for committing rape against B. In the open court B denied the consent. Can court raise any presumgtjo.o .. :L , _

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SRN -126

3 Y~ars LL.B. (Sem. - IV) Examination, . 2002 LAW OF EVIDENC.~

Duration: 3 Hours Totai Marks: 75

Instructions: 1) Answer to TWO Sections must be written SEPARATELY. ..-. 2) Answer any FOUR q uestions from Q. No .. 1 to 6. Q. No. 7 is

COMPULSORY. 3) Answer any FOUR questions from Q. No. 8 to 13. Q. No. 14 is

COMPULSORY.

SECTION I

1. · Explain the law. relating to confessio~s under Indian Evidence Act. (8)

2. Discuss fully the law relating to dying declaration with reference to case-law. (8)

-· . . i .. ~ .. ·-··-:· . ... . . . . 3. Explain the rules of evidence concerning hearfSay evidence: What are the exceptions.,.

to the rule? · · ··· - ... ·--.- - ... · - · --·- (8) ·

4. Discuss the rules relating to p~ary and secondary evidence.

5. Enumerate the circumstances when expert opinions are relevant. . ' . ! . . .

6. Explain fully:

i) Facts fonning the part of same transaction.

ii) Facts judicially noticiable. ·

7. Write short notes on any TWO:

i) Character when relevant.

ii) Judgements in rom aiid judgements in personam.

iii) Public documents.

SECTION II

8. Explain t~e rules of.evidence relating to pre~uinptions as to documents.

(8)

(8)

(8)

(6)

(8)

9. Discuss fully the provisions of Indian Evidence Act pertaining to the burden of proof. · . . (8)

10. Explain fully the doctrine of Estoppel. (8)

P.T.O.

RPr~ -34 S.Y. LL.B. (3 Years) (Semester- IV) ExaminatiCltn, 2001

LAW OF EVIDEl\.CE

Duration : 3 Hours Total Marks : 7 5

InstructWns : 1} _Answers to two sections must be written separately. 2) Answer any four questions _from Q.No. 1 to 6. Q.No. 7 is

compulsory. · 3} Answer any four questions from Q.No. 8 to 13. Q.No. 14 is

compulsory.

SECTION-I

1. Explain presumption of fact and presumption oflaw under Indian Evidence Act. 8

2. Discuss the relevancy of motive, i'reparation and conduct. 8

3. Discuss the rule tfrlat "a person can not make admission in his favour". 8

4. Critically evaluate the provisions of Indian Evidence Act 1relating to Confessions. 8

5. Discuss the relevancy of good and bad character in civ.il and criminal cases. 8

6. "Oral evidence must in all cases, whatever be direct" Comment. . 8

7. Answer any two of the following with reaSons: 6

a) AsuesB foradamagedoneby adogofB'swhichB knewtobeferocious. Can A prove that the dog had previously bitten X, Y and Z that they had made complaints to B.

b) In 1999 three out of the four persons were tried for mi.irdei.of A and conVicted on the . evidence given by X andY At the time of the trial fourth person was absconding and the witness deposed that absconder participated in killing A. In 2000the absconder was arrested and tried for committing murder of A Oi1t of two witness i. e.X andY, X died. Is the evidence given by both of them in 1999 reh:vant?

c) A was pro~ecuted for committing rape against B. A pleaded that B consented for it. B denied the consent in the open court. Can court convict A ifhefails to prove the Consent.

d) A is tried for the murder ofB. Proseyution wants to prove that B prosecuted A for libel ~d that A was convicted and sentenced. Is it relevant?

SECTION-II

8. What is secondary evidence? Under what circumstances secondary evidence may be ~? 8

9. "Burden lies on a person who alleges" Explain and state the exceptions if any to the said rule. 8

10. Critically evaluate the rules relating to 'doctrine of estoppel ' . 8

11. Answer the following: a) Child witness b) Commu:llcation during marriage 8

12. Under what circumstances court shall raise a presumption oflegitimacy? 8

13. What is cross-examin~tion? Discuss the importance cf such examination. 8

14. Writeshgrtnotesonanytwoofthefollowing:. 5 a) Leadingquestion c)Accomplice b) Re-examination d) Impeaching credit ofwitneHs.

RN-34

S. Y. LL.B. (Semester - IV) Examination, 2000 LAW OF EVIDENCE

Duration: 3 Hours Total Marks: 75 -· . .

lnstrucU:ons: 9 Answer to two sections mitst be written separately.· 2) Answer any four questions from Q. No. 1 to 6. Que. No. 7 is

compulsory.

3)Answer anyfourquestionsfrom Q. No.-8 to 13. Que. No.l4 is compuls~ory.

SECTION-I

1. In what way, admission differs from confession? C~ the confession made by the accused be used as against another co-accused ? 8

2. Explain fully the evidentiary value of a.dying declaration with reference to decided cases. 8

3. What is public document ? How are their contents proved ? 8

4.. Critically evaluate the admissibility of expert opinion under the provisions of Indian Evidence Act. S

5. Explain rules of evidence relating to exclusion of oral by documentary evidence. 8

6. Set out the rule against hearsay evidence as contradicting direct evidence. 8

7. Writeshortnotesonanytwo: 5

i) Relevancy of character in civil and criminal cases. u) Admissibility of primary evidence.

ill) Judgements of courts of law, when relevant.

SECTION -ll

·s. What is burden of proof? On whom does it lie? When does it shift ? 8

9. Point out the provisions of Evidence Act relating to the doctrine of estoppel. 8

10. State the rules of evidence a:; regards the competency of witnesses. 8

11. Discuss the role of the courts of iaw in drawing presumptions under Sec. 114 of Indian EvidenceAct. 8

12. Set out the order of examination of witnesses. When is a leading question allowed ? When is it not allowed ? · 8 '

13. Explain fully: 8

i) Hostile Witness ii) Refreshing memory.

P.T.O.

RN - 34 ·, ,;<: : ;. :

<~·· ~ . • ; '·' . ·; /, -:.:

14. Answer any. .three: 6 i) 'A' is ch~ged with shooting at ··a• oil 2.Qtb April, 1998 with intent to kill him. In

order to show A's intention, can the prosecution be allowed to prove that A has also previously shot at B ?

ii) Cement bags stolen from A's godown are found .lying on the road in front of B's. house. B is tried for.offence of theft and the prosecution wants to rely on the above mentioned fact for raising a presumption that B has committed a theft. Will the court be justified in drawing such a presumption?

ill) A has 23 prior convictions which the prosecution wants to be proove for establishing his bad character in a criminal case during the nial of A for the offence of house -breaking . ~such an exercise permissible ?

iv) A puncha witness in a prohibition case testifies that he had neither seen the accused, nor the bottle of whisky and that he signed the punchanama at ~e Police Station . . Can ~e prosecutor cross-examine, the puncha witness ? ·

.RPN-45

S. Y. LL.B. Examination, April 2000 (Semester IV)

LA\V OF EVIDENCE

Duration: 3 Hours Total Marks: 7 5

lnstroctions: I) Answers to two sections should be written seperately. 2) Answer any four questions from question no. 1 to 6. (},uestion 'No. 7 is

compulsory. . . 3) AnsweranyfourquestionsfromQ. no. 8 to 13. Q. ft1o.14 is

compulsory.

SECTION-I

1. State the relevancy of a dying declaration with reference. to decided ca,5es. · 8

2. Set out the circumstances under which the court can take recourse to e"pert opinions.

When are they relevant ? 8 . .

3. Point out the difference between admission and confession. Can the c0 f'}iessional

statement of the accused be considered against another co-accused ? 8

4. Explain fully the rule against hearsay evidence und~r the provisions of mdian Evidence Act. 8

5. State the nature of public document. How are their contents proved?

6. Critically evaluate the concept of exclusion of oral by documentary evic:Jence_

7. Write short notes on any two:

i) Character when relevant.

ii) Relevancy of Judgements of courts of law:

iii) Presumptions as to documents.

SECTION-II

8. Explain fully the doctrine of estoppel as contained underthe provisions of Inciian

Evidence Act.

9. Examine the nature and scope of the concept of burden of proof under cf:Plpte:r Vll of

Evidence Act. . .

8

8

5

8

8

i 0. "All persons shall be competent to testify " Examine 1~s statement oflaw wfth reference to competency of witnesses along with il$ ~~t;igu:~Are insane persons twd <I "U11lb

··'-~;~f{ i~~;·1"<,\fi£t!";{,~~::~::... P.T.O.

persons competent witnesses? 8

11. Spell out the order of examination of witnesses with reference to legal aspect ofleading ' . . questions. 8

12. What are the presumptions which can be drawn by c:omts under Sec. 114 of Evidence

13.

14.

Act?

Explain fully:-

i) Impeaching credit of a witness.

ii) Hostile witness.

Answer any three: • .

i) . 'A', a client says to 'B', his lawyer" I have committed forgery and I wish you to defend me." Is this statement protected from disclosure?

li) Cement bags stolen from A's godown are found lying on the road in front o:f B 's house. B is tried for offence of theft and the prosecution wants to rely on the above mentioned fact for raising a presumptiop that 'B' has committed a theft Will the court justified in drawing such a presumption ? .

. .

iii) A punch witne~ in a prohibition case testifies that he did not see the accused, nor the bottle of whisky and :that he signed the punchanama at the police station. Can the prosecutor cross-examine the. imncha witnes~ ?

iv) Roshani was accused of the murder of Chandani. Can the fact that Roshani. was found wearing the gold chain of Chandani the day before she was arrested, be admitted in evidence at her trial ?

8

6