(6) A fact is said not to be proved when it is neither proved nor disproved.
(7) Whenever it is provided by this Order that the Court may presume a fact, it may
either regard such fact as proved, unless and until it is disproved, or may call for proof
of it.
(8) Whenever it is directed by this Order that the Court shall presume a fact, it shall
regard such fact as proved, unless and until it is disproved.
(9) When one fact is declared by this Order to be conclusive proof of another, the
Court shall, on proof of the one fact, regard the other as proved, and shall not allow
evidence to be given for the purpose of disproving it.
_____________
CHAPTER II
OF WITNESSES
3. Who may testify. All persons shall be competent to testify unless the Court
considers that they are prevented from understanding the questions put to them, or from
giving rational answers to those questions, by tender years, extreme old age, disease,
whether of body or mind, or any other cause of the same kind:
Provided that a person shall not be competent to testify if he has been convicted by a
Court for perjury or giving false evidence:
Provided further that the provisions of the first proviso shall not apply to a person
about whom the Court is satisfied that he has repented thereafter and mended his ways:
Provided further that the Court shall determine the competence of a witness in
accordance with the qualifications prescribed by the injunctions of Islam as laid down
in the Holy Quran and Sunnah for a witness, and, where such witness is not
forthcoming, the Court may take the evidence of a witness who may be available.
Explanation.__ A lunatic is not incompetent to testify, unless he is prevented by his
lunacy from understanding the questions put to him and giving rational answers to them.
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