PYQ 2021

Criminal Case: Standard of Proof and Burden

  • Standard: Prosecution must prove guilt beyond a reasonable doubt.

  • Legal Burden: Prosecution has legal and evidential burden (Section 101).

  • Illustration a of Section 101 may be relevant.

  • Case examples: J. Cena or Martin PP.

  • Beyond Reasonable Doubt: Defined in Miller v. Minister of Pensions.

Admissibility of Evidence: General Principles

  • Out-of-court statements are generally inadmissible (hearsay).

  • To admit such statements, the prosecution must prove the truth of their contents, fitting within recognized exceptions.

  • If an exception is not available, statements may be admitted to show relevance.

Analysis of Specific Evidence

S's (SongChart) s.112 Statement

  • S (SongChart) is An's husband, made a statement under s.112 CPC.

  • Admissibility: Generally inadmissible, but exceptions given in Section 113 CPC.

  • Exception: Section 32(1)(i) and (j) read together.

    • Maker must be unavailable (S cannot be found).

    • Statement applicable to criminal cases, made to a public officer in discharge of duty.

  • Case: COBRA (disjunctive vs. conjunctive reading).

  • S's s.112 statement is admissible as his attendance cannot be procured.

  • Interest of Justice: Liberty of a person is at stake, prioritize admitting evidence.

  • Weight of Evidence: Briefly reference Section 158 and relevant case laws.

CCTV Recording

  • Shows Bernard going up the stairs a minute after S and An.

  • Admissibility:

    • Classify CCTV as a computer (definition in Section 3).

    • Section 90A: Document produced by a computer.

    • Conditions of admissibility: Document produced by the computer in the course of its ordinary use.

    • Prove ordinary use via Nyana's case.

    • Discuss conditions of admissibility under Section 90A.

    • Mahadev Shankar's view on best evidence rule.

Pathologist's Report

  • Confirms An's death resulted from multiple stab wounds.

  • Area of Law: Expert evidence (Section 45).

  • The report confirming the cause of death upon examination is an expert opinion, not just a mere observation.

  • Distinguish from mere observation where no examination has been carried out.

  • Any analysis of fact from the expert is considered expert opinion (DNA, bodies etc).

  • State that the pathologist, they can only come to that conclusion upon examination of the dead person's body.

  • The pathologist is giving his opinion about how the death comes about.

  • Section 399 CPC: If a government pathologist, it's an exception to the hearsay rule; no need to call the pathologist.

  • Report confirming death is a result of the stab wound.

Locking of the Grill Door

  • Restaurant workers locked the grill door confining three people: Bernard, SongChart, and the deceased.

  • Workers testimony is direct evidence.

  • CCTV has showed Bernard followed them upstairs.

  • Connect to the restaurant workers' action of locking the gate.

  • Workers can testify to locking the grill, prompted by SongChart's request for help.

Bernard's Statement and Actions

  • Bernard found at the bottom of the stairs, covered in blood, holding a lump of hair, and stating, "The love of my life is lying dead."

  • Lump of Hair: Admit hair as an exhibit, perform DNA test to match An.

  • Connect via circumstantial evidence, irresistibly pointing to Bernard's guilt.

  • Statement: "The love of my life is lying dead."

    • Admission of a kind.

    • How do you admit this statement?

Knife

  • A blood-covered knife was found near An's body.

  • Relevant under Section 8.

  • Admit the knife as an exhibit.

Blood Splashed on Walls and Ceiling

  • Take photographs to show the incident's location and nature.

  • DNA test necessary to show it as human blood from the victim.

  • Reference to case Sadeq Suman, related footprints.

  • Consider inviting the court to view the crime scene, as evidence(blood) cannot be moved to the court easily.

  • Magistrate can attend to the crime scene to execute search warrant.

Section b: Civil Case & Divorce Proceedings

Civil Suit: burden & standard. Section 101 - 103 EA.

  • Element of fraud must prove a high degree.

  • Defrauding Claims: DO v Maggie for the defrauding of Shares: He must:

    • Prove that MAggie is conspiring.

    • Proving the guilt of Maggie beyond reasonable doubt

    • Balance of probabilities

    • Mention cases like Tay Kien & *Narain

Divorce Proceedings: burden & standard. Section 101 - 103 EA

  • Maggie suing DO of extramarital affair. Maggi v DO for the divorce

  • Maggi must prove Section 101.

  • Adultery Proven beyond reasonable Doubt (case: wee haw)
    *She is saying that Doe is denying the affair
    *But she is making that claim, hence she must prove beyond reasonable doubt. (current: on balance of Probability)

**Current Case of adultery

  • Petition

  • There were development in terms of law for this case, due to civil action.

    • And at stage, all parties mist still proof on the "Balance of probabilities"

**Section B Q2: Admimissbility of Whatts App

  • Must be able to relate to the Section 90EA, 98
    Classify device
    Certificate and document that the device is well performed + no compromise on the device
    Call for witness to prove so
    *Can refer to *Bernaes Case*

Section C Q3: Calling of Leslie

  • This is to allow evidence against DO to prove his case against Maggie. That means she may have a
    sheat.
    to show and support his claim
    **Does MArital piviledge apply hjer?
    *Since lesbian isn't part of any marital privileges, we can use his information.
    Competency and compallably
    Child windiness

  • Always have to test what this is suitable for the cause

    • The witness always has to have ability to know what's going on

  • Evidence sworn and not sworn?

Question 3. Presumptions on owner of website

This question, a good question, the examiners is testing your knowleget on   **Section 114 Evidence Act**.

  • Section 114 Capital A (1) person to Section website is the owner of the Website (VisionPost)

  • Section 114 (3) vision post, take care and the publishing on the website is the the company is the owner for the published publication.

    • Case: (Malishakini website and Haji Hisom Musa )This is where the the website is is doing all its action under the
      Law and so if the vision post is the owner.

    • So we must use this under the Section 98 to see that the the vision boss is the one to be sued.

    • If i want to discuss the 98 years, i also can is it but because it has to be related to the website so now this test is under the website 114e.

Question 3b - defibation of law Section 3: definition

  • hostil withess - witness in not honest with party

  • unfaboulrable, witness may not have honesty. To tell the truth but not with the part

  • Accompolice - The facts and test needed to be performed in order to be considered an accompromise and his test is under Dawees and DPP Cases. In cases, the parties where there must be:
    *Facts in prove. Then there is accomprice for this purpose.

  • bad Previous and this is very defition from defitiion, black definition .

Q4. Sale and perchaes agreemnt Section A.

  • S91, s15 - This is where the documents have been signed. The agreement have to be by section has to go by that What can do,

    • . What you need to discress weather this or agreement can be admitted or not and say. But what the 91 must be in rating.
      What the signuter to show. So if the party says it is, why no the correct how we must look here. We need to call the lawyer to say
      the this documents we made or the transactions we had not made and this all was to go through.

  • S92: we call all this parties the people the sign so that prove it this.
    S14 the test is it will all be test will be to you.
    What are the people would want to say to support his case in order to get up.
    Must come come in any those exceptions,

Q4 B. SFE question 4b

  • The gene role it has to be admitted because that is where i can find that from because one one the earlier agree that that those that there is to support a cleaim, Must be the those execption to put there. To save my case,

    • **S (11) ** *Section 34 / SECTION 15/SECTION16. 17 /SEC 14 + ALL THE CASE THAT GO WITH 14 /
      *Q5. Question5: judicial and fax administered Section.
      Section 56 Section 57 and. B five five faxs administered Section Section Section,
      Section

Q7 question seven SectionA statutory discartion - can u use it under section under under 73 or is under under thirty two1 b and the third.

32 one be also cannot this this but is and and if if. Your. Name name name name
your name if is the can name if is his friend the last one so then what should she is he do."