P L D 2022 Sindh 222
Evidence---
----Document, tendering of---Effect---Tendering a document in evidence is wholly distinct rule, it concerns with mode of proving document itself---Existence and probative value of such document is different matter and involves assessment to be made by Trial Court of a fact it seeks to establish---For Court to look into document for deciding its probative or evidentiary value, it is necessary to tender the document legally first.
----Arts. 72, 73, 74 & 79---Document, tendering in evidence---Effect---Tendering of document in evidence does not imply that it has been accepted by Court as an admissible piece of evidence and its probative value has to be looked into and determined---To produce original document (primary evidence) or its certified copy etc. (secondary evidence) is basically mode of proving the document itself, its existence and not the contents it contains---Determination of evidentiary or probative value of contents of a document is the next stage which is undertaken only after existence or execution of a document has been established either through primary or secondary evidence as the case may be---First stage is to prove existence of a document itself, once it is past positively, second stage to prove the contents document seeks to convey comes into play.
----Arts. 75, 76 & 79---Photostat copy of document, tendering in evidence---Effect---When a photostat document is taken on record, subject to its admissibility and later no steps are taken to prove contents of document by leading primary or secondary evidence, such document cannot be taken into consideration for determining its evidentiary value---Merely by tendering a document in evidence, it gets no evidentiary value unless its contents are proved in terms of Art. 79 of Qanun-e-Shahadat, 1984.
----Art. 72---Documentary evidence---Inadmissible evidence---Effect---When a piece of evidence/document sought to be tendered is admittedly inadmissible, irrespective of mode of proof of such document, production of such document in evidence has to be denied---To hold or to view that a given piece of evidence is inadmissible, (its contents cannot be accepted or admitted to have probative value even if it is taken on record) has to involve presence of predetermination of such fact.
----Art. 72---Document tendered in evidence, objection to---Principle---When defence objects to tendering i.e. mode of proof of a document in evidence, it is duty of Court to decide it immediately and not defer it---When objection is not on existence or execution of document itself but on the contents, its evidentiary value, the fact it seeks to convey and there is a chance that primary or secondary evidence may be led to prove its contents, production of such document in evidence cannot be DGKHAN and Multan
0 Comments