LEGAL PRINCIPLE: EVIDENCE LAW – Hearsay Rule – Direct Evidence Requirement – Witnesses Must Testify to Facts Perceived
PRINCIPLE STATEMENT
Having regard to the complaint of the Appellant that PW1, PW2, PW3 and PW4, each gave hearsay evidence that it was the Appellant who gave the deceased acid, I decided to re-read the evidence of these witnesses. After a careful perusal of the evidence of each of these witnesses, I cannot find any part of their evidence where anyone stated that the Appellant gave acid to the deceased. Each of these witnesses gave evidence only upon what they saw, and or experienced during the incident. It certainly cannot be said having regard to the provisions of Section 77 of the Evidence Act (supra) referred to above, that any of these witnesses gave evidence of what they did not see or hear themselves.
RATIO DECIDENDI (SOURCE)
"Having regard to the complaint of the Appellant that PW1, PW2, PW3 and PW4, each gave hearsay evidence that it was the Appellant who gave the deceased acid, I decided to re-read the evidence of these witnesses. After a careful perusal of the evidence of each of these witnesses, I cannot find any part of their evidence where anyone stated that the Appellant gave acid to the deceased. Each of these witnesses gave evidence only upon what they saw, and or experienced during the incident. It certainly cannot be said having regard to the provisions of Section 77 of the Evidence Act (supra) referred to above, that any of these witnesses gave evidence of what they did not see or hear themselves."
EXPLANATION / SCOPE
Witnesses must testify to facts they perceived—what they saw, heard, or experienced. Evidence of what the witness personally perceived is direct evidence, not hearsay. The hearsay rule prohibits testimony about what another person said (to prove the truth of that statement). If a witness testifies only about their own observations, the evidence is admissible. The court must distinguish between direct perception and hearsay. The label “hearsay” is not a substitute for examining the actual testimony. Section 77 of the Evidence Act permits oral evidence of facts that could be seen or heard. The appellant’s claim that witnesses gave hearsay must be verified against the record. The principle ensures that admissible direct evidence is not wrongly excluded.
