Hidayatullah National Law University, Raipur (C.G.
)
B.A. LL.B. (Honours)
Merged Mid Term & End Term Examination, December-2020
Semester-VII
Law of Evidence
Instructions
Max. Marks: 60 (for written submission). Each assignment carries 30 marks.
Each assignment to be of 2500 words exclusive of references
Font: Arial or Times New Roman
Font Size: 12 size
Spacing: One and half line spacing
30% Similarity with correct foot notes allowed. The content will be checked by Turnitin
Submission of assignment should be in the PDF.
Last date of Submission on or before January 17, 2021 (5:00 PM).
The complete assignment should be sent to le.dec2020@hnlu.ac.in
After submission of assignment viva-voce shall be conducted for 20 marks
The candidates are required to specify in their submission –
Name, ID No., Semester and Subject.
1. “Maternity is a fact and paternity are a surmise as maternity admits of positive proof,
but paternity is a matter of inferences”. In the light of given statement, critically
examine the law as to the proof of legitimacy of child under Indian Evidence Act. State
the rule regarding presumption of legitimacy of child. (Marks 30)
2.
a. “But before statements can be admitted under section 32, it must be proved that
makers of these statements are either dead or for any other reason are not available
as witness. Dying declaration would not lose its value on ground that deceased died
long after making dying declaration.” In the light of given statement mention the
circumstances wherein statements made by persons who are dead or who otherwise
cannot be called as witnesses, may be proved in a case. (Marks 15)
b. Answer the following question on the basis of given facts.
Facts: Super Express Bus was set on fire. 23 passengers were roasted to death while
rest suffered burn injuries. A few could survive for some days, but only to narrate
their woeful tale to others. Some of them, who sustained less serious burns, figured
as witnesses during trial. The Judicial Magistrate, who recorded dying declaration
took down Ex. P71 and Ex P75, the statements of Pw 5 also as dying declaration,
thinking that they too might succumb to burns. They survived. What is the utility
of their statement. Ex. P71 and Ex P 75 during trial?
Can their statement be used evidence under section 32 of the Evidence Act? Is it
permissible to use these as substantive evidences? Whether these statements can be
relied upon the premise that it is relevant and admissible as res gestae under section
6 of the Act? Can these be used to corroborate their testimony in court under section
157 of the Evidence Act? (Marks 15)
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