Res-gestae: An Exception to Hearsay Evidence in QSO

Evidence should be direct, and hearsay evidence is not valued, but res-gestae is exception to this general rule and is admissible in the courts. Resgestae mean

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Res gestae is a Latin phrase meaning “things done” or “deeds.” It is used in legal contexts to refer to events or actions that are considered relevant to a case or legal proceeding. In criminal law, for example, res gestae may refer to statements or actions made by the accused immediately before, during, or after the commission of a crime. These statements or actions are considered admissible as evidence in court because they are considered to be spontaneous and unplanned, and therefore are thought to be more reliable than premeditated statements.

In civil law, res gestae may refer to events or actions that are related to a contract or agreement, and which are considered relevant to the interpretation or enforcement of that contract or agreement. It can also refer to the circumstances surrounding an event or action that help to explain or clarify it. Overall, the concept of res gestae is used to determine which facts and actions are relevant to a legal case and can be used as evidence in court.

SHARING IS CARING

General Rule of Evidence

Under Article 71 of Qanun-e-Shahadat Order, 1984, oral evidence must be direct in all cases. Direct evidence is classified into four types under this article.

Visible Facts

If evidence relates to a fact that could be seen, it must be the testimony of a witness who affirms that they saw it.
Audible Facts

If the evidence pertains to a fact that could be heard, it must be the testimony of a person who affirms that they heard it.
Sensory Perceptions

If the evidence refers to a fact that could be perceived by the senses, it must be the testimony of a person who perceived it through their senses.
Opinions and Grounds

If the evidence relates to an opinion or the grounds upon which such opinion is formed, it must be the testimony of the person holding that opinion and the grounds.

Res-Gestae As Exception To General Rule

Article 71 enforces the general rule of direct evidence. However, there are exceptions provided by Qanun-e-Shahadat Order, and the doctrine of Res-gestae is one of those exceptions.

Meaning Of Res-Gestae

Res-gestae is a Latin word that means "things done."

Res-Gestae And Qanun-E-Shahadat

Res-gestae is acknowledged in Qanun-e-Shahadat under Article 19. This article states that all facts connected with the fact in issue and forming part of the same transaction, whether occurring at the same time and place or at different times and places, are relevant.

Nature Of Doctrine Of Res-Gestae

Res-gestae has been broadly defined as matter incidental to the main fact and explanatory of it, including acts and words that are closely connected therewith and constitute a part of the transaction.

Res-Gestae And Its Admissibility

Statements are admissible as Res-gestae when made under the immediate influence of a transaction in order to characterize it and explain the circumstances connected therewith, provided that there is no time for further thought and fabrication.

Res-Gestae And Meaning Of Transaction

A transaction is a group of facts connected together and referred to by a single legal name, such as a crime, a contract, a wrong, or any other subject of inquiry that may be in issue.

Res-Gestae And Its Admissibility Under Qanun-E-Shahadat

The doctrine of Res-gestae is declared a relevant fact under Article 19. Article 18 of Qanun-e-Shahadat states that evidence is permitted on a fact-in-issue or relevant fact, making Res-gestae admissible under Qanun-e-Shahadat.

The Word “Res-Gestae” And Qanun-E-Shahadat

The word Res-gestae is not mentioned in Qanun-e-Shahadat but is derived from the leading judgments of the Superior Courts, influenced by English Law.

Res-Gestae And Object Of Its Admissibility

In a leading judgment cited as 2011 PCrLJ 1086, it was held that although there is no room for hearsay evidence, Res-gestae is an exception to the general rule and has its own place. Hence, such testimony is admissible to elucidate and explain the connected circumstances.

Necessary Ingredients Of Res-Gestae

In a landmark judgment in the case titled Zaqa Ullah vs State, cited as 2021 PCrLJ 1, it was held that the following ingredients must be fulfilled to apply the principle of Res-gestae: