Sunday, June 15, 2014

Solved Paper | UPHJS Pre 2012 | Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2012

Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2012

Question Number: 61-70

61. A Magistrate convicts an accused of theft for one year imprisonment and one thousand fine. Maximum punishment for which accused can be sentenced to imprisonment in default of payment of fine shall be-
(A) 1 year
(B) 9 months
(C) 3 months
(D) 6 months

Ans. (B)
62. A Magistrate may not remand the accused to police custody for-
(A) more than 24 hours
(B) more than 7 days
(C) more than 14 days
(D) more than 15 days

Ans. (D)

63. Presumption under the law of evidence are-
(A) presumption of facts
(B) presumptions of law
(C) Both (A) and (B)
(D) Only (B) and not (A).

Ans. (C)

64. A leading question can be asked in-
(A) examination-in-chief
(B) cross-examination
(C) re-examination
(D) All of the above.

Ans. (B)

65. Under Section 145 of the Evidence Act a witness may be cross examined as to previous statement in writing
(A) after proving the same and showing the same to the witness
(B) without proving the same but only after showing the same to the witness
(C) after proving the same and reading the same to the witness
(D) without proving the same and without showing the same to the witness.

Ans. (D)

66. A witness summoned to produce a document can refuse to bring it before the court on the ground that-
(A) the record in question is unpublished record
(B) the record in question relates to an affair of State
(C) the record is admissible
(D) None of the above.

Ans. (D)

67. The opinion of expert may be obtained under Section 40 of the Evidence Act in relation to-
(A) Science, Art, Law, Finger impression and handwriting/signature
(B) Science including medical matters, Art, Law, Finger impression and handwriting
(C) Science, including medical matters, Art, Law, Finger impression, handwriting and signatures
(D) Science, Art, Foreign law, Finger impression and handwriting/signature. —

Ans. (D)

68. In criminal cases previous bad character of accused is-
(A) relevant
(B) always irrelevant
(C) relevant when evidence has been given that he has a good character
(D) relevant when evidence has been given that he has a good character and when bad character is itself in issue.

Ans. (D)

69. Under Section 372 of Cr.RC. a victim-
(A) can file an appeal against the order of acquittal
(B) can file an appeal only after obtaining leave from the appellate court
(C) has no right to file an appeal
(D) should approach the District Magistrate and Public Prosecutor for filing an appeal.

Ans. (A)

70. A non confessional statement recorded under Section 164 of Cr.RC..
(A) is a substantive piece of evidence
(B) is not a substantive piece of evidence
(C) may or may not be substantive evidence depending upon the facts and cicumstances
(D) None of the above.

Ans. (B)


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