18 Questions
What is the definition of oral evidence as per the Sind High Court in Peeral versus State (2020)?
Statements of witnesses in examination in chief, cross-examination, and re-examination
What is the consequence of not showing oral evidence to the accused during trial?
It will amount to prejudicing the accused and his defence
What is the necessary step before recording evidence from witnesses?
Administering oath to witnesses
What happens if a witness is found to have falsely stated a material fact?
Their entire testimony will be excluded from judicial consideration
Why is it necessary to show oral evidence to the accused during trial?
To ensure the accused is aware of the evidence against them
What is the purpose of cross-examination and re-examination of witnesses?
To clarify the statements made by the witness
What is the requirement for proving the contents of a document?
Either primary or secondary evidence
In which case did the court hold that documentary evidence can be challenged by producing another document bearing better legal status?
Mst.Afifa Bibi versus Jameela Sikandar
What is the general principle regarding rebutting documentary evidence with oral evidence?
Parties cannot rebut documentary evidence with oral evidence when both relate to the same fact
What is the preference of courts when it comes to evidence?
Documentary evidence over oral evidence
What is the requirement for witnesses in relation to documentary evidence?
Witnesses are required to confirm the contents of documents
What is the limitation of oral evidence according to the QSO?
All facts except the contents of documents can be established with oral evidence
What is the definition of a document in QSO?
Any matter expressed or described on any material by way of words, letters or figures
What is the significance of written statements in pleadings in terms of evidence?
They are not a substitute for evidence and do not carry any evidentiary weight
What happens to depositions of a party in their favour over time?
They are treated as evidence only during the initial stages of proceedings
What is the minimum requirement for a document to be considered as evidence?
The document must be produced in court
What is the primary purpose of documentary evidence in judicial proceedings?
To prove a fact beyond a reasonable doubt
What is the effect of merely producing a document in court without further evidence?
The document is not sufficient to prove the facts narrated in it
Study Notes
Definition of Oral Evidence
- Oral evidence refers to statements of witnesses in examination-in-chief, cross-examination, and re-examination of witnesses (Peeral versus State, 2020)
- It is necessary to show oral evidence emerging against a party in examination or cross-examination to the accused so that they may explain or counter it (Abdul Qadir alias Fauji versus State, 2017)
- Oral evidence must be recorded after administering oath to witnesses (District Officer Thatta versus Karim Bux, 2016)
Importance of Confronting Accused with Evidence
- If the accused is not confronted with the evidence produced against them, it will amount to prejudicing the accused and their defense, which is illegal (Abdul Qadir alias Fauji versus State, 2017)
Credibility of Witnesses
- If a witness gives false evidence, their whole evidence will be excluded from judicial consideration (Mushtaq Hussain versus Muhammad Inayat, 2012)
- If a witness falsely states one material fact, the rest of their testimony will not be believed or used in evidence (Mushtaq Hussain versus Muhammad Inayat, 2012)
Documentary Evidence
- The courts prefer documentary evidence over oral evidence (Rehmat Jan versus Collector Land Acquisition Mangla Dam Project, 2013)
- When both oral and documentary evidence about the same fact is available, the court may rely upon documentary evidence without considering oral evidence (Rehmat Jan versus Collector Land Acquisition Mangla Dam Project, 2013)
- Documentary evidence cannot be rebutted by oral evidence when both are related to the same fact (Mazloom Hussain versus Abid Hussain, 2008)
- Documentary evidence can be challenged by producing another document bearing better legal status (Mst.Afifa Bibi versus Jameela Sikandar, 2022)
Definition of Document
- A document refers to any matter expressed or described on any material by way of words, letters, or figures, and which may be used in evidence (QSO)
- Not all documents submitted in judicial proceedings are evidence (QSO)
Evidentiary Value of Documentary Evidence
- Written statements in pleadings (plaint and written statement) are not a substitute for evidence nor substantive evidence, and these statements do not carry any evidentiary weight (Habibullah versus Mir Manzoor Hussain, 2014)
- Certain documents are treated as documentary evidence for a limited time, and after that, they will lose the status of documentary evidence (Mir Sahib Khan versus Ghazi Muhammad, 2014)
- The mere production of documents in courts is not sufficient to prove the facts narrated in the document (QSO)
This quiz tests your knowledge of oral evidence in Pakistani law, including its definition and application in court cases. It covers the Sind high court's ruling in Peeral versus State (2020) and its implications for witness testimony. Get ready to examine the intricacies of oral evidence in the Pakistani legal system!
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