24. When facts not otherwise relevant become relevant. Facts not otherwise
relevant are relevant—
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or
non existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations
(a) The question is, whether A committed a crime at Peshawar on a certain day.
The fact that, on that day, A was at Lahore is relevant
The fact that, near the time when the crime was committed, A was at a
distance from the place where it was committed, which would render it highly
improbable, though not impossible, that he committed it, is relevant
(b) The question is, whether A committed a crime,.
The circumstances are such that the crime must have been committed either
by,A, B, C, or D. Every fact which shows that the crime could have been
committed by no one else and that it was not committed by either B, C or D,
is relevant.
25. In suits for damages facts tending to enable Court to determine amount are
relevant. In suits in which damages are claimed, any fact which will enable the court to
determine the amount of damages which ought to be awarded, is relevant.
26. Facts relevant when right or custom is in question. Where the question is as
to the existence of any right or custom, the following facts are relevant: —
(a) any transaction by which the right or custom in question was created,
claimed, modified, recognized, asserted or denied, or which was inconsistent
with its existence ;
(b) particular instances in which the right or custom was claimed,
recognized or exercised, or in which its exercise was disputed, asserted or
departed from.
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