The law of evidence is concerned with the relevancy and admissibility of evidence and the process of proof. It is generally thought that "evidence" is the only means of proof in Qanoon e Shadat, Order 1984 (from now on QSO). The objectives of the present study were to explore the meaning and means of proof in QSO. After deploying doctrinal research methodology and analyzing numerous judicial decisions and statutory provisions, the current research found two meanings of proof in QSO. Moreover, the study found that disputed facts in judicial proceedings may be proved with evidence, presumptions, judicial notice, judges' personal knowledge, demeanour and formal admission. The study also found that some means of proof involve the use of evidence, whereas, some means of proof do not involve the use of evidence. Similarly, the study also found that evidence is the major means of proof which can be used to prove any fact. On the other hand, other means of proof are meant to establish the existence or non-existence of specific facts and under particular circumstances. It is hoped that the present study will clarify the meaning and mechanism of proof scattered in various statutory provisions of QSO. Keywords: Judicial Proof, Means of Proof, Presumptions, Judicial Notice, Formal Admissions
The objective of the present study is to analyze the scope, statutory status and judicial application of res gestae in common law countries and Pakistan. After a doctrinal analysis, the current study found that evidence related to uncharged offences, facts, events, acts, statements, and declarations about physical sensations and mental conditions might be given in evidence under the doctrine of res gestae if there was no chance of fabrication. Moreover, the study found that various statutes of common law countries indirectly incorporated the doctrine of res gestae. The study further established that in India and Pakistan, evidence related to facts forming part of the same transaction and facts which were not part of the same transaction but throw light, or give context or explain the fact in issue or relevant fact might be given in evidence. However, these facts must be connected with a fact in issue or relevant fact in terms of proximity of time, place and unity, or the facts must be related to continuity of action, purpose or design of fact in issue or relevant facts. Keywords: Hearsay Evidence, Res Gestae, Admissibility of Hearsay, Same Transaction.
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