Law: Qanun-e-Shahadat (10 of 1984)

Section: 139,2(e)

Law: Criminal Procedure Code (V of 1898)

Section: 265(c)

Crl. A. Nos. 364, 380, 382 407 of 2020, heard on 19.10.2022. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 139--Evidence as to matters in writing--Video clips, tapes and photographs--‘Res ipsa liquitor’--There is no cavil to proposition that video evidence, tapes, snaps/photographs made available due to forensic techniques are regarded as documentary evidence though in electronic or digital form, therefore, principles of evidence relating to admissibility of documents are fully applicable on such forensic evidence--What is permission and sanction of law to bring on record evidence if it is in form of document--The above Article in light of illustration therein authorizes 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 foresighted wisdom of legislature to cater to requirement of an emerging need of evidence in a particular situation for purpose of corroboration to fortify or strengthen deposition; even otherwise best evidence rule says that documentary evidence runs over or defeats oral evidence under maxim “res ipsa liquitor”--The complainant and victim have already stated before Court about whole episode of crime, therefore, video evidence of such episode can be used as support to their statements for purpose of corroboration.                                                            [P. 325] A B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 2(e)--Electronic document--An audio/video clip including snaps/photographs (in digital form) as evidence maintains a dual character in law of evidence; it is termed as electronic document as well as a material thing (physical evidence), also known as real evidence--Electronic document in senses that ‘information’ contained therein are evidence of facts, and oral account of which is to be presented through words of a witness and not document alone, while as material thing it is to be produced for…

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