11/09/2022
Fact......
Under the law of evidence fact means things,stateof things,relation of things which we preceived by sense [in human beings there are five senses to speak,to hear,saying,walk etc] it also include the mental condition of a conscious person
so according to this definition facts are two types
1. physical fact....those facts which we can perceived by our senses eg books are arrange in proper way in a rank, he saw or heard something,he said something etc 2.psychological facts ...are there facts which we cannot be perceived by our senses eg opinion of a person and intentions of a person
Facts are for the divided into two parts 1.relevant fact......relevant facts mean that facts which or so closely connected with fact in issue and without proving the relevant fact the fact in issue can not be proved
2.fact in issue.......means when one party alleged a fact and denied by the other party ...
so according to the law evidence the facts are further divided into
1.prove fact...when court considered a matter and court believes that the fect is existed or considering that the fect is existed as prudent man under the circumstances of the case analogy that the fact is existed.
2.disprove fact ......means that when a court believes that the fact does not exist or considering it does not existed as a prudent man under circumstances of the case analogy that it does not existed
3.not prove fact...means that a fact neither proof nor disprove it is said that it is not proved fact
under this order the court may or shell resume certain facts existed so the court 1.may resume fact....under this order QSO a court may presume a facted is existed or proved unless and untill it is dis prove or call for evidence to proof it. Eg... the accused taken a plea of alibil that if the court presume that this fact[alibi] is existed the burden of disproving it shall be shifting to the prosecution side to dis prove it and if the court presume that it does not existed the burden of proving it on the shoulder of accused he should prove that thie fact is existed article 9o to 95 deals with may presume facts
2.shall presume facts.....means that under this order they are certain articles or provisions under which the court shell presume certain facts or existed eg a child of 7 years cannot be commit a crime the court shall presume that the child under the age of 7 years does not commit a crime unless and untill it is disprove artile 96 97 98 100 129 deals with shall presume 3.conclusive prove of another fact..... means that under this order provided that one fact is the conclusive proof of the Other fact so the evidence on the other fact to disproof that fact shall not be allowed for example under the law legally married the offspring of that Bond is legitimate if a question before the court is the offspring is in legitimate under the law it is proved that marriage is legally solemnised then the court shall not allowing evidence to disprove the valid marriage....
Article 55 and 128 deals with conclusive proff
