Admissibility of a Video As Evidence in a Court: its Presentation and Probative Value

To general public, all videos are perceived to be true, but they may not have probative value in the Court of law. The undertaken article analyzes the admissibility and probative value of a video presented as evidence before a court in the Criminal Justice System of Pakistan (CJSP). It analyzes the relevant law and diagnoses the problems with the video evidence through the lens of the judgments of Superior Courts. The court of law objectively ascertains that a video presented as evidentiary means bears significant relevance to the fact in question. It must be admissible under the law, and it must be proved to be genuine. To fill up the gap between a “Video” and a “Video Evidence”, there is a process, which is known as video authentication. It determines that the video contents are genuine, authentic, credible, unaltered, untampered and unfabricated. The study discusses various modes of video authentication. Precedents set by superior courts of Pakistan show that convictions have been made once the courts are satisfied with the credibility of video evidence. In the court of law, video evidence is normally presented after the completion of prosecution evidence. The video is played in court and is watched by the presence. But the researcher establishes that such process does not have legal justification. The article suggests that it would be legal and proper for the prosecution to produce the video evidence through the witness, during his evidence, who is either victim, witness, recorded and/or copied the video directly from original source such as C.C.T.V system and that witness would be subjected to cross examination.

تعین المشار الیہ فی القران و اثرہ علی تفسیر ایاتہ الکریمة

There are many demonstrative pronouns in the Holy Qur,aan and mostly their signified nouns are hidden, so in the fixation of these signified nouns; the interpreters of Holy Qur,aan have difference of opinion. Now the question is raised that this difference of opinion is a cause of different interpretation of Holy Qur,aan or not? So in this research, we have reached at the reality that the difference of opinion in these signified nouns is a cause of different interpretation of Holy Qur,aan. Now we will mention the short summary of this reality.These following demonstrative pronouns are mentioned in the Holy Qur,aan: 1() ھذا2() ھکذا 3() ماذا 4() من ذا 5() ھذہ 6() ھذان 7() ھاتین 8() ذانک 9() ذلک 10() ذلکما 11() ذلکم 12() ذلکن )13( تلک 14() أولاء 15() ھؤلاء 16() أولئک 17() أولئکم 18() ھھنا 19() ھنالک 20() ثم Mostly, their signified nouns are hidden, so in the fixation and interpretation of these hidden nouns, the difference of opinion has arisen; mainly this difference is an unreal and wordy warfare, because the interpreters express the indicated hidden nouns in their own words without fixation of them in Qur,aanic verse, so this difference of opinion has no result and effect at last. However there is a real contradiction also, in the indicated hidden nouns of these demonstrative pronouns except others: 1() ھذا 2() ھذہ 3() ذلک 4() ذلکم 5() تلک 6() أولاء 7() ھؤلاء 8() أولئک9()ھنالک 10() ثم The difference of opinion is mostly looked like real contradiction in first stage but after research and deeply study, we know that he is not so. Sometimes, the matter is probably against it. Sometimes, no difference of opinion in the fixation of indicated hidden noun but the interpretation of his demonstrative pronoun is more than one due to rhetorical manner. Sometimes, a demonstrative pronoun gives a significance when he connected with former sentence and gives other meaning when he related to latter sentence. Sometimes a demonstrative pronoun is a complete sentence with hidden words. I could not find any paraphrase of Holy Qur,aan who covers all of indicated hidden nouns which are mentioned in the interpretation of demonstrative pronouns, however the imam Abu Hayyan did effort to collect them but he could not cover. Similarly, Ibn-e-Jawzi also could not cover, although he did a great effort also. I did not find any paraphrase of Holy Qur,aan who expresses rhetorical winks and manners under the demonstrative pronouns and their indicated hidden nouns, however the Imam Abu Su,uood did this big effort with brevity in some stages, who has been certainly flambeau for me in rhetorical manner, So I explored and then expressed it with depth and detail by the grace of Allah. Similarly, I could not find any paraphrase of Holy Qur,aan who expressed morphological research about indicated hidden nouns of demonstrative pronouns, but I explained it by the help of Allah. In short, I expressed the real difference of opinions about interpretation of demonstrative pronouns and fixation of their indicated hidden nouns in Holy Qur,aan and his effects on interpretation of Holy Qur,aan with morphological, syntactical and rhetorical winks and manners, due to clearness of words, meanings and to relate between them and to explain the difference of opinions and his effects. All are based on 1087 verses of Holy Qur,aan.