APPREHENDING THE MEANING AND APPLICATION OF RES GESTAE IN COMMON LAW COUNTRIES AND PAKISTAN
DOI:
https://doi.org/10.52567/pjsr.v4i03.968Abstract
The objective of the present study is to analyze the scope, statutory status and judicial application of res gestae in common law countries and Pakistan. After a doctrinal analysis, the current study found that evidence related to uncharged offences, facts, events, acts, statements, and declarations about physical sensations and mental conditions might be given in evidence under the doctrine of res gestae if there was no chance of fabrication. Moreover, the study found that various statutes of common law countries indirectly incorporated the doctrine of res gestae. The study further established that in India and Pakistan, evidence related to facts forming part of the same transaction and facts which were not part of the same transaction but throw light, or give context or explain the fact in issue or relevant fact might be given in evidence. However, these facts must be connected with a fact in issue or relevant fact in terms of proximity of time, place and unity, or the facts must be related to continuity of action, purpose or design of fact in issue or relevant facts.
Keywords: Hearsay Evidence, Res Gestae, Admissibility of Hearsay, Same Transaction.
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