تصاویر/فوٹو گرافس کی بطور شہادت قانونی حیثیت

Relevancy of photographs/pictures and its admissibility equation.

It is trite that an audio/video clip including snaps/photographs as evidence maintains a dual character in the law of evidence; it is termed as document as well as a material thing (physical evidence), also known as real evidence. It does carry information that includes expression, gestures, voice and video; therefore, such clips/snaps are sought to be produced before the Court to prove the ‘information’ contained in it as evidence of facts recorded therein and oral account of which is to be spoken by a witness and not the document alone. While as material thing it is to be produced for the inspection of court. Principles of evidence relating to admissibility of documents are fully applicable on such type of evidence; permission and sanction of law to bring on record evidence if it is in the form of document is regulated under Article 139 of Qanun-eShahadat Order, 1984 (the Order). This Article in the light of illustration therein authorizes the Court to ask, when any witness is making statement about a fact, to support his contention with any document if such fact is incorporated therein. The room for such discretion of Court is obviously reflective of farsighted wisdom of legislature to cater to the requirement of an emerging need of evidence in a particular situation for the purpose of corroboration to fortify or strengthen (naeem)the deposition; even otherwise best evidence rule says that documentary evidence runs over or defeats the oral evidence under the maxim “res ipsa liquitor”. The second status of such evidence is of material thing (physical evidence) or real evidence which is produced for the inspection of Court as ordained in second proviso to Article 71 of The Order: -

Since the statement of the victim, direct evidence, has been found to be worthy of credence, confidence inspiring, credible and irrefutable, therefore, even if there is a sole witness, her statement can safely be made basis to record conviction. As to the number of witnesses required to establish a charge.

Thus, the well-recognized maxim remains that 'evidence has to be weighed and not counted' (naeem)and here in this case as discussed above the ocular testimony though coming through one witness i.e. victim, yet the same is consistent, unimpeachable and confidence inspiring, therefore, is held to be sufficient to establish the charge.

Pictures were put to the accused/appellant during his statement under section 342 Cr.P.C. for seeking his explanation but neither he challenged such pictures in any manner during cross-examination nor gave any explanation in his statement under section 342 Cr.P.C. (must be copied from this page ",syed naeem ali advocate" and will be used by different people and group by using their own name)Silence of the accused/appellant over such an important factor connotes that there was nothing to defend against such nude pictures, thus the requirement of law for using these snaps/pictures is complete as highlighted above and these can safely be used as evidence.

The modesty of a virgin girl was violated by sexual assault makes understandable the apprehension of the victim and her (naeem)family in approaching the police immediately.Delay in reporting the crime to the police in respect of an offence involving a person’s honour and reputation which society may view unsympathetically could prey on the minds of a victim and her family and deter them to go to the police.