Syariah Courts Evidence Order, 2001 · s 137

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137. The credit of a witness may be impeached in the following ways by the adverse party or, with the consent of the Court, by the party who calls him
{a)
by the evidence of persons who testify that they from their knowledge of the witness believe him to be unworthy of credit;
{b) by the proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
{c)
by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.
Explanation -
A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.
Illustrations
{a)
A sues B for the price of goods sold and delivered to B.
C says that he delivered the goods to B.
Evidence is offered to show that on a previous occasion he said that he had not delivered the goods to B.
The evidence is admissible.
{b)
A is indicted for the murder of B.
C says that B, when in marad al maut declared that A had caused the wound of which B died.
Evidence is offered to show that on a previous occasion C said that the wound was not caused by A or in his presence.
The evidence is admissible.
Questions tending to corroborate evidence or relevant fact admissible.

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s 137

The credit of a witness may be impeached in the following ways by the adverse party or, with the consent of the Court, by the party who calls him

{a)

by the evidence of persons who testify that they from their knowledge of the witness believe him to be unworthy of credit;

{b) by the proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;

{c)

by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.

Explanation -

A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.

Illustrations

{a)

A sues B for the price of goods sold and delivered to B.

C says that he delivered the goods to B.

Evidence is offered to show that on a previous occasion he said that he had not delivered the goods to B.

The evidence is admissible.

{b)

A is indicted for the murder of B.

C says that B, when in marad al maut declared that A had caused the wound of which B died.

Evidence is offered to show that on a previous occasion C said that the wound was not caused by A or in his presence.

The evidence is admissible.

Questions tending to corroborate evidence or relevant fact admissible.