DOCTRINE OF “RES GESTAE”

CHAPTER ONE

INTRODUCTION

1.1   Background of the Study

        Res Gestae is a Latin word which means “things done.” This is the rule of law of evidence and is an exception to hearsay rule of evidence that hearsay evidence is not admissible. It is a spontaneous declaration made by a person immediately after an event and before the mind has an opportunity to conjure a false story. It represents an exception to the hearsay rule. Res gestae is a concept which as a matter of principle is employed in the English system of administration of criminal justice under the name of "res gestae". In our system of administration of justice, Article 19 of Qanun-e-Shahadat, 1984 corresponding to section 6 of the Evidence Act of 1872, is an enacted provision of law under which statement made immediately after the occurrence under the influence of occurrence in order to characterize it and connecting therewith would be admissible under this article as "res gestae" evidence1. According to Wigmore, a frequent application of the phrase has been to the Hearsay Exception for spontaneous exclamations, i.e. statements made during or after an affray, a collision, or the like, used to prove the facts asserted in the statement[1].

[1] Wigmore J. H. (1940), WIGMORE ON EVIDENCE, Vol.VI, 3rd Edn. LITTLE, BROWN AND COMPANY, pp1764-1768.

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