فوٹو گراف کو کیسے ثابت کیا جائے

A photograph (or any document) in possession of the crossexaminer may be either admissible or inadmissible. If admissible, it can be introduced into evidence in its own right. Its evidentiary value stems from compliance with the principles of admissibility under the QSO. Articles 70, 71, 139, 140, and 151(3) collectively govern the evidentiary treatment of such material. Articles 70 and 71 permit a witness to testify about matters within their knowledge or perception. If the witness identifies (naeem)the scene depicted in the photograph and their testimony aligns with their observations, their statements are admissible as direct evidence. Article 139 further allows the defence counsel to use the photograph to challenge the credibility of witnesses by comparing their statements during cross-examination with the scene shown in the photograph. If admitted, the photograph serves as substantive evidence, and Article 140 becomes relevant if it is used to refresh the witnesses’ memory. Article 151(3) further allows scrutiny of the witnesses’ credibility if inconsistencies or contradictions arise concerning the photograph. In short, when the photograph is authenticated and meets the admissibility requirements, subsequent statements of the witnesses, reflecting their personal knowledge, are valid and admissible.

Conversely, a different analysis applies if the photograph is inadmissible because it fails to qualify as primary (naeem)evidence or lacks proper authentication as secondary evidence. Article 70 of the QSO mandates that all facts, except the contents of documents, may be proved by oral evidence, while Article 71 requires that oral evidence must be direct. This restricts a witness to testifying only about facts they have directly perceived. Observations made after being shown an inadmissible photograph do not meet this standard. In such a scenario, the application of Article 139 is limited, as a party cannot contradict a witness using inadmissible material. Similarly, Article 140 becomes irrelevant because an inadmissible photograph cannot serve to refresh memory. While Article 151(3) allows for impeaching the credibility of a witness, the defence cannot rely on inadmissible evidence for this purpose. Accordingly, the court must disregard the photograph and any derivative testimony based on it because admitting such statements would violate the principles of evidentiary integrity.