It is an evidence which immediately establishes the very fact in issue. An example, of the fact in issue is that Aqif killed Billy. Carrie who witnessed the killing gives testimony. Then Carrie's testimony is direct evidence to the fact in issue. Any evidence of fact actually perceived by a witness with one of his own senses or an opinion held by himself will also come within this classification.
It may be defined as any fact from the existence of which the judge may infer the existence of a fact in issue. It is not the evidence direct to the point in issue, but evidence of various facts other than facts in issue which are so connected with the facts in issue that taken together they form a chain of circumstances leading to an inference or presumption of the principal fact. For example, at the trial of Aizat for murder, a witness says that he saw Aizat carrying a gun at the premises of the house in which the deceased was found shot dead 10 minutes later. Here what the prosecution is actually trying to do is that by way of circumstantial evidence it is inviting the court to infer that the accused shot the deceased.
It is an evidence in material form produced before the court so as to enable the court to draw its own conclusion or inference by using its own senses. For example, in a murder case, when the murder weapon is produced before the court it is referred to as real evidence. Real evidence may also include the physical characteristics of any persons or animal, the demeanour of witnesses, view of the place in question, or of any object which is incapable of being brought to the court. Tapes, photographs and films may form real evidence.
It is one, which under every possible circumstance affords the greater certainty of the facts in question. It is also referred to as the best evidence, or that kind of proof, which under any possible circumstances, affords the greatest certainty to the facts in question. For example, where a written document is produced for inspection that document itself is regarded as the primary or best possible evidence of its existence and contents.
It is an evidence which is admitted in the absence of primary evidence. For example, if a letter is lost, it is as good to recite it from memory or to produce a copy. However, it is within the powers of the court subject to the Act to decide whether a document produced is the original or not and until the judge decides no secondary evidence can be put in.
It means all documents produced for the inspection of the court. The contents of a document may be proved by primary evidence or secondary evidence as the case may be. Documents will include any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means intended to be used, which may be used, for the purpose of recording that matter.
Where no party is permitted to contradict that piece of evidence. It usually originates from a rule of law. For example, an infant is incapable of committing a criminal offence. Thus, conclusive evidence is absolute evidence of a fact for all purposes for which it is introduced in evidence.
It is the evidence of fact brought to the knowledge of the court by verbal statements of a witness. It is also referred to as parole evidence and it is confined to words spoken only. Oral evidence will only be admissible if the witness has perceived it by one of his senses.
NUR AINAA AZIMI
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