4. All STATEMENTS which the court permits or
requires to be made by witness and
All DOCUMENTS produced for the inspection
of the court in relation to matter of fact
under inquiry
(QANOON-E-SHAHADAT sec 2, sub. Sec c)
5. EVIDENCE
Fact in an issue
that include anything, state
of thing or relation of things
capable of being seen, heard
or perceived through senses
(QANOON-E-SHAHADAT sec 2, sub. Sec d)
6. DEFINITION
Fact in an issue that is presented in the Court
of law to prove or rebut allegation
The purpose is to lay before the court all that the witness know without
omitting any vital portion for any reason
A simple description of truth so transparently honest in its description
that its integrity is beyond doubt.
Clear, concise (talk sense), factual & relevant
Given in person, orally and on oath in the presence of accused with an
opportunity of cross examination
7. Hear-say evidence is not admissible “PROVISO”
1. When it is impossible to produce the witness
2. When the evidence is non-controversial
To cater for these situations, law
has provided certain exceptions
i.e. Dying Declaration, Written
documents,
8. DYING DECLARATION
Grounds for admissibility
1. Injured person (principal witness) is dead
2. It is presumed that impending death impels the injured person
to speak truth
Written or verbal statement of a
person whose death is imminent
regarding the circumstances related
to his condition
Formalities of Oath and Cross Examination are excused
9. Cont:-
Must be a criminal case of homicide
Death be the subject of charge and circumstances of death be the
subject of declaration
Words used must be of the deceased and if questions are asked
they should be recorded with answers
Declarant must actually believe that he is dying with no hope
of recovery whatsoever
It should be read over to him and if possible signed
Advisable to be recorded in the presence of two respectable
witnesses and sent immediately to illaqa magistrate under seal
cover
Conditions necessary for acceptance
10. DYING DEPOSITION
Statement of a dying / seriously ill
person on oath in the presence of
accused with an opportunity to cross
examination
11. TYPE OF EVIDENCE
Direct Facts (eye witness)
Indirect Related facts (circumstantial)
Oral
Documentary
Primary (original)
Secondary (photocopy)
Medical evidence
Direct where facts are observed
Indirect where inferences are drawn
12. Circumstantial evidence:- A fact from which
some other fact is inferred.
Inceptive evidence:- Evidence on which the
investigation is based.
Corroborative evidence:- Comes after a
successful investigation.
13. WITNESS
Common: Who testify only observed facts
Expert: Who is trained to draw conclusion
/ Inferences from the observed facts
RECORDING OF EVIDENCE (Testimony)
RECORDED ON OATH IN THREE STAGES
Examination in chief
Cross examination
Re-examination
14. Examination in chief
First examination of the witness conducted by
the prosecution
The idea is to elicit facts
Deposed facts must be with in his memory and
recollection
No one except the expert
witness is allowed to refer to
his written notes
Leading questions are not
allowed
15. Cross - Examination
Conducted by the defense
The objective is to establish credibility of the
witness, accurance of facts and to bring out
willful omissions, which are made in
examination in chief
Leading questions are allowed
No time limit
16. Re - Examination
By the council who did examination in chief
The idea is to provide an opportunity
to rectify discrepancies that may have
occurred due to cross-examination
Court / Judge can ask questions at any stage
17. Exhibit gestures of complete impartiality
Good pretrial preparations
The mechanisms of testifying
Always address the court
Speak slowly, loudly, clearly in non technical language exhibiting
verbal simplicity
Should not evade questions, accept if do not know the answer
Volunteer no information (no lecture)
Answer responsively (nothing more nothing less)
Do not become emotional even on personal remarks/question
If a book or reference is presented – go through the contents, edition
etc. before offering comments
Finally seek permission and settle fee issues before leaving the court
GUIDING PRINCIPLES FOR GIVING
TESTIMONY IN A COURT OF LAW