عدالت میں شہادت/گواہی کے موضوع پر انتہائی عالمانہ فیصلہ

 Permission to bring on record the relevant evidence is controlled by exclusionary rules as discussed above, therefore, court while admitting evidence must refer gist of evidence or question to be asked, objection if any, reply thereto, and decision thereon before it is made part and parcel of judicial record. Where a judge after attending the provisions of QSO, 1984 and precedents on the subject is in doubt as to the admissibility of a particular piece of evidence he should declare it in favour of admissibility rather than inadmissibility because its value would later be determined by court of appeal as per Article 162 of QSO, 1984.

The evidence by which facts may be proved or disproved in a court is known as judicial evidence. Judicial evidence takes only three forms, namely

(i) oral evidence,

(ii) documentary evidence and (iii) things.

Judicial evidence, however, is open to classification not only in terms of the form in which it may be presented in court but also in terms of its substantive content, the purpose for which it is presented and the rules by which its admissibility is determined. Thus, any given item of judicial evidence may attract more than one of the labels by which the varieties of evidence have been classified.

The principal labels are

(i) Testimony,

(ii) Hearsay Evidence,

(iii) Documentary Evidence,

(iv) Real Evidence and

(v) Circumstantial Evidence. Testimony means direct evidence; hearsay, an indirect evidence; documentary evidence means presentation of facts through documents; real evidence includes material things (like case property); in addition to material objects, including documents, items of real evidence also include the physical appearance of persons and animals, the demeanour of witnesses, the intonation of voices on a tape recording, views, that is inspections out of courts of the locus in quo or of some object which it is impossible or highly inconvenient to bring to court, and, possibly, out-of-court demonstrations or re-enactments of acts or events into which the court is enquiring. Circumstantial evidence means evidence of relevant facts like motive, plans and preparatory acts, capacity, opportunity, identity, continuance, failure to give evidence, failure to provide evidence and standards of comparison.

Criminal Revision No.15474 of 2022
Muhammad Ramzan Versus The State etc.
Date of hearing 15.04.2022