RESGESTAE

 2021 YLR 2253.

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Though Article 19 of Qanun-e-Shahadat Order, 1984 supports the admissibility of circumstantial evidence as Res gestae, a form of an exception to hearsay; Res gestae means ‘part of the matter’ and has evolved as an umbrella term referring, in general terms, to statements which are so bound up with a particular transaction as to form an important part of that transaction. In other words, the evidence must have such obvious relevance in relation to other evidence that it needs to be admitted in order to ‘complete the picture’. This vague concept or type of inadmissible evidence has found its place in the law of evidence in the form of admissible evidence only if it qualifies the following characteristics;

1. Spontaneous exclamation, which means, person involved, whether a victim or a witness, says something instinctively which is seen as intrinsic to the event in question. The requirements here are contemporaneity with the event and absence of concoction. If the person has had time to think about what he has seen or about what has happened, there is a risk that the statement has lost its spontaneity, it is no longer unpremeditated.

2. Contemporaneous physical condition; which means person victim of assault or in a condition has personally present and informed the witness about tragedy or misdeeds committed by the alleged accused.

3. Present intention; if the victim before the occurrence has posted the intention of accused to the witness about the conduct of the alleged accused.

4. Statement accompanying an act; a statement is also admissible as part of the res gestae if it contemporaneously accompanies and explains the act of person making it. The act and statement must be inextricably linked.

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