PARESH V.

SADIQ

PROPOSAL MADE BY:

NAME: VIVEK RANJAN

COURSE: B.A.LL.B (Hons.)

ROLL NO: 1776

SEMESTER: 4th

PROPOSAL SUBMITTED TO:

MRS. MEETA MOHINI

LAW OF EVIDENCE

RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF COURSE

LAW OF EVIDENCE FOR ATTAINING THE DEGREE OF B.A. LLB. (HONS.)

FEBRUARY, 2018

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR,

PATNA – 800001

1
INTRODUCTION

The expressions ‘relevancy’ and ‘admissibility’ are often taken to be synonymous. But they
are not the same. Their legal implications are different. All admissible evidence is relevant
but all relevant evidence is not admissible. Relevancy is the genus of which admissibility is
the species.

What is ‘Fact’?

‘Fact’ means an existing thing, event or action. The event or fact which is likely to occur in
future and which neither occurred in the past nor is occurring at present, do not amount to
‘fact’ within the meaning of Indian Evidence.Act.

As per Indian Evidence.Act the fact is divided into two categories as following:-

i. Physical Facts (External facts) Psychological facts (Internal facts)

[they can be perceived by five senses] [they are subject to consciousness]

Positive facts Negative facts

For example----

a) A, a man, saw something, it is a fact

b) B, a woman, said some words, it is fact.

c) C, a man, is riding on a horse, it is a fact.

d) Some chairs are arranged in a certain order in a certain place, it is a fact.

These facts have their seat in some inanimate being or animate being, but such animate being
should not be constituted by virtue of qualities.

ii. Any Mental condition of which any person is conscious [Psychological fact].

For example-

a) A has a good reputation in his locality.

b) A fraudulently sold his car to B.

c) A has a bad opinion about B.

The feelings, opinions etc. can’t be perceived by the senses but can be felt by the mind, so
these are psychological facts.

These facts have their seat in an animate being by virtue of the qualities which constituted it
as animate.

2
Psychological facts can further be divided into two categories, namely, positive facts and
negative facts.

The case of Paresh v. Sadiq is also related to such facts where in this case there was no doubt
about the presence of eye-witness at the place of incident. This fact that his brother came as a
Panch witness and his relatives were accused in previous cases, could not be the basis to
make doubt about the veracity of the testimony.

OBJECTIVE OF THE STUDY

The researcher aims and objectives are:

1. To know about how all admissible evidence is relevant but all relevant evidence is not
admissible.
2. To understand the expressions relevancy and admissibility of a fact.

HYPOTHESIS

The researcher presumes that fact where accused relative can came as witness and it could
not be the basis to make doubt about the veracity of testimony.

RESEARCH METHODOLOGY

This project work is solely based on doctrinal type of research

SOURCES OF DATA

The researcher will be relying on both primary as well as secondary sources of data to
complete the project

Primary source – judgements, statutes etc.

Secondary source – books, newspapers etc.

SCOPE AND LIMITATION OF THE STUDY

Though the researcher will try his level best not to leave any stone unturned in doing this
project work to highlight various aspects relating to the topic, but the researcher will sight
with some of unavoidable limitations. The limitations encountered by the researcher were the
paucity of time.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION

2. FACTS OF THE CASE

3. JUDGMENT OF THE CASE

4. RATIO DECIDENDI OF THE CASE

3
5. REFERRED CASES

6. CONCLUSION

BIBLIOGRAPHY

1. Batik Lal, The Law of Evidence, published by Central Law Agency, Edition 21st
(2016)