Professional Documents
Culture Documents
(2003),(2000),
(1997),(1993),(1994),(1995)
Q.
(2001)
2. Definition Of Evidence:
I.
According To Salmond:
Evidence may be defined as any fact which possesses probative force.
(i)
II.
According To Phlpson:
I.
Judicial Evidence:
(ii)
Extra-Judicial Evidence:
Extra-Judicial evidence is that which dose not come directly under
judicial cognizance and it includes all evidential facts which known
to the Court only by way of inference form some form of judicial
evidence.
Example:
If a document is actually produced before the Court, it is judicial evidence. If it is
known to the Court only through a copy or report of the witnesses who has heard it,
it is extra-judicial evidence.
II.
(i)
Personal Evidence:
Personal evidence is the testimony of witness. It may be either oral
or written and judicial or extra-judicial.
(ii)
Real Evidence:
Anything which is believed for any other reason than that someone
has said so, is believed on real evidence.
According to Bentham:
Real evidence denotes all evidence of which any object belonging
to the class of things as the source, person being included in
respect of such properties as belong to them in common with
things.
III.
Primary Evidence:
Primary evidence is the immediate evidence of the principal fact. A
document is the primary evidence of its contents.
(ii)
Secondary Evidence:
Secondary evidence is evidence which may be given under
circumstances in the absence of that better evidence which the law
requires to be given first. If may be in the form of a report or an oral
account of the original evidence or a copy of a document.
IV.
Direct Evidence:
Direct evidence is testimony relating immediately to the principal
fact. It is a evidence of a fact perceived by witness with his own
senses.
(ii)
Circumstantial evidence:
Circumstantial evidence is that evidence which relates to a series of
facts others than the fact-in-issue, but which are closely connected
with that in such a way that it leads to some definite conclusion. It
is more important in criminal law, because its very rare that direct
evidence may be found in criminal law.
Example:
If A says that he saw B committing the murder, the evidence of
A is direct evidence but if he says that he saw B leaving the place
where the murder was committed the evidence of A is
circumstantial evidence.
V.
(ii)
Hearsay evidence:
Hearsay evidence is not based on the personal knowledge of the
witnesses. He makes the statement on the basis of the statement of
another person. As a general rule, it is inadmissible in evidence but
is this general rule there are also some exception. In Pakistan,
Article 71 of
evidence.
4. Evaluation Of Evidence:
The law of evidence deals with the production of evidence and its evaluation. Many
rule have been land down to weigh the value of the evidence produced in the Court.
I.
Conclusive Proof:
It consists of fact which such probative force that they cannot be
contradicted. When one fact is declared by law to be the conclusive proof
of another fact, the Court shall on proof of regard the other as proved.
Example:
Article 128 of Q.S.O., provides that if a child is born during wedlock not
earlier that expiration of six lunar months form the date of marriage or
within 2 years after its dissolution and the mother remains unmarried, is
shall be conclusive proof that he is legitimates son of that man.
II.
Presumptive Proof:
It means such proof which may be considered sufficient if there is no other
proved fact to the contrary. In such a case, it raises a conditional or
rebuttable presumption.
Example:
The presumption of innocence is a rebuttable presumption.
III.
Insufficient Evidence:
If law prescribes a certain amount of evidence to be absolutely necessary
and evidence produced dose not come up to the necessary standard, the
evidence is considered to be insufficient. It dose not raises any
presumption conclusive. It dose not raises any presumption conclusive or
conditional.
Example:
In Hudood cases, testimony of one witness in insufficient.
IV.
Exclusive Evidence:
In such case, certain fact alone are recognized as being the only evidence
of certain other facts. No other evidence is permitted by law.
Example:
A written contract can generally be proved by the production of writing
itself.
V.
No Evidence:
There are certain facts which have absolutely no probative force at all.
They can neither be produced in the Court nor acted upon.
Example:
The bad character of accused is irrelevant in criminal proceeding and it
become relevant only if evidence has been given to show that he
possesses a good character.
5. Conclusion: