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    QSO11

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    25 views3 pages

    QSO11

    Uploaded by

    Zeesahn
    QSO11

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    Rough Draft of my notes on QSO

    COMPETENCY & NUMBERS OF WITNESSES


    1. INTRODUCTION
    2. RELEVANT PROVISIONS
    Arts. 3 and 17 of QSO,1984
    3. Who may testify: All persons shall be competent to testify unless the Court considers that they are
    prevented from understanding the questions put to them, or from giving rational answers to those
    questions, by tender years, extreme old age, disease, whether of body or mind or any other cause of
    the same kind:
    Provided that a person shall not be competent to testify if he has been convicted by a Court for
    perjury or giving false evidence:
    Provided further that the provisions of the first proviso shall not apply to a person about whom the
    Court is satisfied that he has repented thereafter and mended his ways:
    Provided further that the Court shall determine the competence of a witness in accordance with the
    qualifications prescribed by the injunctions of Islam as laid down in the Holy Qur'an and Sunnah for a
    witness, and where such witness is not forthcoming the Court may take the evidence of a witness
    who may be available.
    Explanation: A lunatic is not incompetent to testify unless he is prevented by his lunacy from
    understanding the questions put to him and giving rational answers to them.
    17. Competence and number of witnesses: (1) The competence of a person to testify, and the
    number of witnesses required in any case shall be determined in accordance with the injunctions of
    Islam as laid down in the Holy Qur'an and Sunnah:"
    (2) Unless otherwise provided in any law relating to the enforcement of Hudood or any other special
    law: —
    (a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be
    attested by two men or one man and two women, so that one may remind the other, if necessary,
    and evidence shall be led accordingly; and
    (b) in all other matters, the Court may accept, or act on the testimony of one man or one woman or
    such other evidence as the circumstances of the case may warrant.
    3. DEFINITION OF WITNESS
    “A person, who testifies about a particular fact that he has seen, heard or perceived it.”
    + BLACK’s LAW DICTIONARY DEFINITION
    4. COMPETENCY OF WITNESS
    There is no bar in law to prevent any person from sworn and to give testimony.
    5. GENERAL RULE
    A person is competent to give testimony, if he understands questions put to him by the court and he
    gives rational answers.
    6. EXCEPTIONS
    There are following exceptions to general rule for giving testimony,
    I. Tender age,
    II. Extreme old age,
    III. Disease (relating to mind or body)
    IV. Any other reason.
    7. QUALIFICATION/TEST/CRITERIA OF COMPETENCY
    There are following qualifications for a witness to give testimony,
    I. Understand Question
    II. Give rational answers
    III. Not convicted of the perjury or false evidence.
    8. QUALIFICATION OF ISLAM
    If a witness fulfills requirements of Tazkia-tul-Shahood, he is a competent witness in Islam.
    A. Meaning Of Tazkia-tul-Shahood
    9. WHEN SUCH WITNESS IS NOT AVAILABLE
    Any available witness may depose about the occurrence.
    10. WITNESS OF SAME RELIGION
    If the offence is committed by any Muslim, the witness would be Muslims, similarly, if offence is
    committed by a person of any other religion, the witnesses must be of that particular religion.
    11. DISQUALIFICATION ACCORDING TO SUNNAH
    There are following disqualifications for a witness according to Sunnah,
    1.Mad until recovers,
    2.Minor until puber,
    3.Sleeping until awakes.
    12. QURANIC PERSPECTIVE (SURA NUR)
    “The curse of Allah is on him, who is of those who lie”
    13. LUNATIC
    A lunatic may be a competent witness, if he fulfills following conditions,
    I. During lucid Intervals
    II. Corroboration is necessary
    III. Understand question gives ration answers.
    14. DEAF & DUMB PERSON
    A deaf & dumb person may be a competent witness, if he fulfils following conditions,
    I. Gives evidence in writing
    II. Through signs
    III. Through gestures.
    15. CHILD
    I. Not a reliable witness, he may tell a lie.
    II. corroboration is necessary.
    16. WHO WILL DETERMINE THE COMPETENCY
    Court will determine the competency of a witness by putting questions to the witness.
    17. SCOPE
    It is absolutely discretion of court to consider any witness competent or not.
    ABDUL MAJEED Vs. THE STATE (2002 PCRLJ 41 Lahore)
    Qanun-e-Shahadat Order 1984 ---Art. 3---competency of a child to testify---Test---Observing intellect
    of a child in the shape of writing question and answer is not the requirement of law---Court is quite
    competent to give its observation with regard to the, intellect of the witness , meaning thereby that
    the only requirement is the satisfaction of the Court.
    ZATOON BIBI VS. THE STATE (1998 PCRLJ 1680 SC AJ & K)
    Qanun-e-Shahadat Order 1984 ----Art. 3---competency of witness to testify---child witness ---Law
    requires the intelligence of a child witness to testify in the circumstances of the case and not the
    factor of his or her age.
    MIR MUHAMMAD FARID VS. Mst. AMREEN
    (2003 YLR 2234 SHARIAT-COURT-AZAD-KASHMIR)
    ----Art.3---child witness ---Competence---No precise age was given in law which could determine
    question of competency of a child ---Such evidence depended upon capacity and intelligence of the
    child , his/her capacity of appreciating difference between falsehood and truth as well as his/her duty
    to tell what is true---No hard and fast rule could be made to ascertain whether a child was competent
    witness or not, but it depended on facts and circumstances of each case---Courts had to accept
    such evidence with great care and caution because a child of tender age was a dangerous witness
    who could easily repeat glibly a story put into his mind and did not possess discretion to distinguish
    between what he/she had seen and what they had heard---Courts, as a matter of prudence, were
    generally .chary of putting absolute reliance on evidence of child witness and look for corroboration
    of same from other circumstances in the case---Evidence of a child witness before being acted upon,
    should be subjected to a close and careful scrutiny and should not be relied upon until and unless it
    was corroborated by some strong circumstances in case.
    Conti…… Number of witnesses

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