Section 18 to 29 relevancy of facts , High school final essays of Law of Evidence

Download Section 18 to 29 relevancy of facts and more High school final essays Law of Evidence in PDF only on Docsity! Iqra Hussain Assignment 1 Section 18-29 ( Relevancy of facts ) Sections 18 to 29 of the Qanun-e-Shahadat Order, 1984 deal with the relevancy of facts in legal proceedings. Anything which is related to facts in issue then it is relevant facts. If such evidence is admissible then it is relevant facts . If such evidence is inadmissible then it’s irrelevant. Furthermore, These sections outline the rules regarding what facts are considered relevant and admissible as evidence in a case.and only the relevant facts are allowed to be presented as evidence in court. Section 18 – Evidence may be given of facts in issue and relevant facts : According to Article 18 of the Qanun-e-Shahadat Order, 1984 allows evidence to be presented in a legal proceeding to prove facts that are relevant to the case. This includes facts that are directly related to the case and that are considered relevant . 2023 PLD 124. MUHAMMAD SULEMAN VS MUHAMMAD SAAD NASEEM In this case it was Held that , the court cannot refuse to admit documents that are relevant to the case. In civil cases, parties are required to attach all relevant documents with the plaint. However, in criminal cases, there is no specific provision that restricts the court from receiving relevant documents at a later stage. As long as the document is relevant under Article 18, the court can consider it. Section 19- Relevancy of facts forming part of some transaction : It states that the facts that are connected to the main event, even if they happened at different times or places, are relevant. Let suppose , If A is accused of beating B to death, whatever said or done by A, during the time of beating shortly before or after it is relevant to the case. CHANZEB AKHTAR VS State 2020 YLR 1972 (Res jestae ) In this case, the accused was charged with shooting and killing his wife. The court had a witness who saw the accused running away from the crime scene after the incident. Another witness saw the accused with a gun after the murder. These testimonies were considered as part of the concept of res gestae under Article 19 of the Qanun-e-Shahadat, 1984. Because these things are closely connected to each other and considered as relevant facts. Section 20 . Facts which are the occasion, cause or effect of facts in issue it essentially states that certain facts related to the cause, effect, or effect of the fact in issue can be considered relevant .: Let’s suppose A contract was breached by one of the parties. The breach occurred because the party failed to deliver the agreed-upon goods on time. The delayed delivery is relevant because it was the cause that led to the breach of the contract. Imagine there's a case where someone is accused of stealing a valuable item from a house. Section 20 would come into play by allowing the court to consider facts such as the following: The fact that the accused was seen near the house just before the theft.Any unusual footprints or signs of a break-in around the house.Testimony from someone who heard the accused talking about stealing something similar in the past . These facts are relevant because they provide a context or background that helps the court make a fair decision about whether the accused committed the theft. Section 21. Motive, preparation and, previous or subsequent conduct: This articles states that’s facts related to motive, preparation, and the conduct of parties involved in the legal case are considered relevant. Let suppose , A is accused of poisoning B. The fact that A obtained a similar poison to the one used on B before B's death is considered relevant. This suggests a possible connection between A and the poison, which could indicate A's involvement in B's murder. Example 2, A robbed B. And the C mentioned in A's presence that the police were coming to look for the robber of B, and immediately after, A ran away, are relevant. These facts suggest a suspicious behavior by A, indicating a possible connection to the robbery. Section 22. Facts necessary to explain or introduce relevant facts: (identification parade) It states that certain facts are relevant if they help to explain the main fact or other relevant facts. These facts are also relevant if they help establish the identity of a person or thing, determine the time or place of an event, or show the relationship between the parties involved. It's all about connecting the dots and providing a clearer understanding of the case. Let’s suppose , A is a accused of being a robber , B as a witness says that they saw A at the crime scene . This facts is relevant because it’s it help to establish the identity of a person that involved in the case . 2023 YLR 1094 In this case , the court held that mere on the basis of identification parade , you can’t sentenced an accused. It’s basically considered as weak evidence . It’s just an extra piece of evidence that help to strengthen the case against the accused. Section 23 Things said or done by conspirator in reference to common design : This section states that, When there's a reasonable belief that two or more people have conspired to commit a crime or wrong, anything said, done, or written by any one of them regarding their shared plan, after the inception of that plan, is considered relevant. This information can be used as evidence to prove the existence of the conspiracy and to show the involvement of each person believed to be part of the conspiracy. Let’s suppose , there are three friends, A, B, and C, plan to steal some valuable items from a store. After they start planning, A texts B, "Remember our plan for tomorrow." B replies, "Yes, I've got the tools ready." C writes in a notebook, "Meeting A and B for the job tomorrow."