Define the following:

1.Estoppel 2. Evidence 3.cross examination

4.confession 5. Admission

1.Estoppel
When one person has, by his declaration, act or omission, intentionally caused or permitted another
person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be
allowed, in any suit or proceeding between himself and such person or his representative, to deny the
truth of that thing.

2.Evidence:

According To Salmond
“Evidence may be defined as any fact which possesses probative force.”

Meaning of Probative force

A probative force means the quality by virtue of which the Court presumed that one fact is evidence of
another fact.

3.cross examination:
Cross-examination is the legal process of interrogating a witness that has been called to testify by the
opposing party in a legal proceeding. When a party calls a witness to testify in court, he must follow
certain rules in questioning the witness. This is called “direct examination.” Once this questioning is
finished, the opposing party is given an opportunity to question the same witness, in a procedure known
as “cross-examination.”

4.confession
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that
person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow
terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime,"
which would be distinct from a mere admission of certain facts that, if true, would still not, by
themselves, satisfy all the elements of the offense.

5.Admission
A voluntary Acknowledgment made by a party to a lawsuit or in a criminal prosecution that certain facts 
that are inconsistent with the party's claims in the controversy are true.

Describe briefly “Identification Parade” with relevant

provision.
1. Introduction

Objects of identification parade are to enable witness to identify these persons or things, which are
involved in commission of offence and which are not previously authority on involvement of such person
or things in commission of offence. Identification Parade is related to those facts which are declared as
relevant facts about place, name, person or date. The conduct of an identification parade is part of the
investigation and is held not as a rule of law but as a rule of prudence to eliminate possibility of any
mistake.

2. Relevant Provision
Article 22 of Qanun-e-Shahadat order 1984

3. Meaning
Identification Parade is identification of stranger offender, who is not previously known to the witness.

4. Importance of Identification Parade

Identification parade is a procedure to identify the accused by the witnesses under the custody of
magistrate.  It is admissible evidence in the court.

5. When identification parade should be conducted

Identification parade should be conducted at the earliest possible time because the witness to indentify the
accused easily, as by the lapse of time of memory may fade. Identification parade held after 12 to 15 days
loses its evidentiary value.

6. Who conducts identification Parade?

Identification Parade is conducted only by a magistrate having jurisdiction to do so.

7. Modes of conducting identification Parade

Identification Parade is conducted or carried out by modern devices of tape recorders, cameras, videos,
audios and maps or sometime the help animals like dog etc is taken.

8. Scope of Identification Parade

Identification parade is relevant both are civil as well as criminal cases.

9. Rules relating to identification Parade

Follow are the rules

(i) Time
Identification parade should be conducted at the earliest possible time.

(ii) Supervision
It is always supervised by a magistrate having jurisdiction to do so.

(iii) Place
It is conducted, generally, in jail or some other secured place.

(iv) Investigating officer

After beginning of identification parade, investigating officer or any police officer, who helps
investigating office, should not have any access to identifying witnesses.

(v) Complainant a witness

If the complainant is himself a witness, only then he can participate in the Parade.
(vi) Separation of witnesses from each other
For holding of identification parade, it is necessary that witnesses should be kept separated from each
other so that cannot share any information about accused.

(vii) Separation of witness from accused

It is most important for holding of identification parade that witness should be kept separated from
accused at some distance from place of deification parade that they cannot see accused or other concerned
person until they are called for identification parade.

(viii) Bringing of witnesses for identification

It is necessary that witnesses should be brought separately for identification parade.

(ix) Dummies
For one accused there should be a serial of 1-9 Dummies.

10. Evidentiary value of Identification Parade

Following two views to explanation

(i) Corroborative value

When witness deposes during identification parade that he has seen some of persons, who are present in
identification parade, on time, date and place of incident, it is considered that such deposition has
corroborative value.

(ii) Admissible Evidence

Another view is that identification parade can be substantive piece of evidence especially when proper
procedure is adopted for holding of identification and all legal requirements are fulfilled.

Conclusion
To conclude that the Identification Parade are held by the police in the course of their investigation for the
purpose of enabling witness to identify the property which is the subject matter of the offence or to
identify the person who is concerned in the offence. The identification parades are held a rule of prudence
to eliminate the possibility of any mistake and not as a rule of law.

What is Evidence and describe Kinds of Evidence Under

Qanun-e-Shahadat Order 1984
Introduction

Evidence is the most important part of procedural law. Term “evidence” has been derived from Latin
term, and this Latin term is evident or evidere, which means to show clearly, to discover, to ascertain or to
prove. Evidence refers to anything, which is necessary to prove a certain fact. In short words, evidence is
a mean of proof. There can be different kinds of evidence.

Definition of Evidence

(i) According To Salmond

“Evidence may be defined as any fact which possesses probative force.”

Meaning of Probative force

A probative force means the quality by virtue of which the Court presumed that one fact is evidence of
another fact.

Various kinds of Evidence

Following are most prominent kinds of evidence

1. Original Evidence

Original evidence means production of documents in their original forms.

Explanation

Following points are important for explanation of original evidence

(i) Original evidence is, in fact, primary evidence.

(ii) Original evidence relates to documents

(iii) In most of cases, original evidence is given more importance over oral evidence.

(iv) Written documents, which can be public or private documents, are usually produced as original
evidence.

2. Un-original Evidence

Un-original evidence means production of copy of document in place of original document.

Explanation

Following points are important for explanation of un-original evidence.

(i) Secondary evidence

Un-original evidence is, in fact, secondary evidence.

(ii) Insufficient Evidence

Usually un-original evidence is considered insufficient evidence. Therefore, it is not relied upon in most
of cases. It is only relied upon when it is proved through other evidence that production of original
document has become impossible and therefore, its copy has been produced.

(iii) When can un-original evidence be given?

Un-original evidence can be given when original document is not available or is lost or is destroyed or is
in possession of some person, who does not produce. There can also be other reason due to which un-
original evidence can be given.

3. Direct Evidence

Direct evidence means that evidence, which relates to real disputed question of case and which is
sufficient to determine responsibility.

(i) Direct evidence can be oral evidence. In fact, Qanoon-e-Shahadat Order has provided that oral
evidence should be direct in all cases.

(ii) Even direct evidence can be documentary evidence too.

(iii) Direct evidence is based on personal knowledge or observation.

(iv) Direct evidence cannot be based in inference or presumption.

4. Real Evidence

Real evidence usually takes from of some kinds of material object, which is produced be before court.

Explanation

Following points are important for explanation of real evidence

(i) Material or physical evidence

Real evidence is also termed as material or physical evidence.

(ii) Purpose of Real evidence

On purpose of real evidence can be to prove existence of some material object and real evidence can be to
make inference about use of some material object in commission of some offence. And also to prove
presence of any material object at some place or possession of some person can be purpose of real
evidence.

5. Circumstantial Evidence

Circumstancial evidence means that evidence, which is based on inference and which is not based on
personal knowledge or observation.

6. Personal Evidence
When some person himself sees any incident or situation and gives statement about it in court, such
statement is called personal evidence.

Conclusion

To conclude, it can be stated that concept of evidence is an old concept. Inquisitorial principle and
adversary principle played important role in development of concept of evidence. According to
inquisitorial principle, judge was to search for facts, listen to witnesses and experts, examine documents,
and order to take evidence. Contrary to this, parties and their counsels are primarily responsible for
finding and presenting evidence and judge does not investigate facts according to adversary principle.

What do you know about Dying Declaration and it’s

evidentiary Value?
1. Introduction

Article 46 (1) Qanun-e-Shahadat Order 1984 deals with dying declaration. General presumption is that
dying persons usually speak truth. And also ancient principle is “no one on point of death should be
presumed to be lying.”

2. Relevant Provisions

Article 46 (1) of Qanun-e-Shahadat Order 1984

3. Meaning

Dying declaration means a statement by that person, who believes that death is imminent especially when
such statement relates to cause of circumstances of such person’s impending death.

4. DefinitionStatement by a person who believes that he near to die by some injuries inflicted on him by
some persons.

5. Form of Dying Declaration

A dying declaration may be made in following form

(i) written

(ii) Oral

(iii) By Signals ( Signs and Gestures)

6. Person who may Record it

Following are the persons record the dying declaration

(i) Who can Record the statement

Anyone can the record declaration by the person likely to be die.

(ii) Statement recorded by magistrate

A magistrate can record dying declaration under section 164 of Cr.P.C.

(iii) Recording by Police officer

According to section 41 (1) of Qanun-e-Shahadat Order 1984, Police officer record the statement during
the court of investigation and police officer record statement admissible in evidence with satisfaction of
the court.

(iv) Recording by the Doctor

Doctor only record dying declaration in exceptional cases where he is firm that declarant is lightly to be
die.

7. Concept of Dying Declaration under Islamic Law

Dying declaration have great importance in Islamic Law. It is recognized principle in Islamic Fiqha.

8. Essentials of Dying Declaration

Following are the essentials/ importance

(i) Voluntarily

The statement of a record must be true and voluntarily and made without any influence or ill will.

(ii) Satisfaction of Court

It is a most important essential, the court easily decided that the declarant mind fit when record a
statement and he had a clear opportunity to observe and identify his assailant.

(iii) Competency

A dying declaration must be that of a person competent to testify as a witness. The child or tender age is
not admissible.
(iv) Statement must be complete

It is essential to the admissibility of statement that it must be complete. Cut short and ambiguous form is
not admissible.

(v) Statement must be causes to death

A dying declaration will not be admissible unless it is proved that the death of the declaration was caused.

(vii) Death of Declarant

Before a statement is admitted as a dying declaration, it must be proved that the person who made it is
dead.

(viii) Admitted in case in which question of death arises

Dying declaration could be admitted in evidence in those cases only in which the causes of the declarants
death comes into question.

9. Evidentiary Value of Dying Declaration

Dying declaration is a substantive piece of evidence and can be used against the accused, when there is
nothing to suggest that the deceased had substituted an innocent person in place of real culprit. So dying
declaration when deliberately made under a solemn sense of impending death and under circumstances
wherein the deceased is not likely to be mistaken, is worthy of great weight. But, dying declaration which
is incomplete and partly touched-up by interested parties cannot be relied upon.

10. Conviction of Dying declaration

An admitted principle is that dying declaration can be basis of conviction when it has not only been duly
proved, but has also has been admitted in evidence. For explanation of this principle, following are the
points.

Conclusion

To conclude that Qanune-e-Shahadat Order 1984 explains that direct evidence is original, positive and
pregnant with first hand and fresh knowledge. Therefore, it emphasizes that there should be direct
evidence. It reveals that Qanun-e-Shahadat order does not allow admission of hearsay evidence.
However, dying declaration is an exception to principle about hearsay evidence. Therefore, it can be
admissible evidence and can also be basis of conviction.