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Competency of witness: Introduction: as a general ruk , all persons are competent to testify but Art 3 of the QSO provides the qualifications and disqualification for the persons to appear as a witness and art 17 of the qso deals with the number of witnesses required to prove the fact. Meaning: a witness is said to be competent if there is nothing in kw to prevent him from being swom in and examined if he wishes to give evidence. Relevant provision: 3,17 Competency of witness ula 5: General rule: as a general rule all persons shall be competent to testify if they have the qualifications made under Amt 3 of the QSA. Qualification: a witness competent to testify must have the following qualification a) Not prevented from understanding b) Capability of giving rational answers Other cases:in cases and matter other than above no particukr number of winesses are required . court may accept and act upon the testimony of one man or women or such other evidence as the case demand. Decided case on number of witness: hussain vs moor ahmad 1989 cle 1498 the court observed the quality not quantity. Depend upon the circumstances of each case. Child as witness: understanding the question put to them, do not specify any particukr age, intelligence of a particular child witness, his evidence cannot be made basis of conviction when such stong corroborative evidence is lacked. Deaf dump as witness: if he can understand the questions put (o him and giving rational answers, Q2. Witness who cannot be compelled: Introduction: under Islamic iw it is the duty of witness to come forward and give testimony. D) Police officer and magistrate E) Advocate and clearks of advocate F) Clients G) Witnesses who is not party to the suit H) Persons in possession of document on hehalf of others, Q3. Protection against incriminating questions: Introduction: according to English law of privikeges witness is not to be compelled to answer question which would expose him to a criminal proceedings. QSO abolishes the kw of privilege and creates an obligation on a witness ot answer any question whether the answer criminates him or not, and give him a right that answer shall not be admitted in evidence against him in criminal prosecution. ‘Meaning of incriminate: to charge with crime Relevant provision; 15 and 18

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