ENACTMENT NO 1 OF 1990 SYARIAH COURTS EVIDENCE ENACTMENT 1990
PART I - RELEVANCY CHAPTER 2 - RELEVANCY OF FACTS Statements by persons who cannot be called as witnesses
Section 21. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
Evidence given by a witness in a judicial proceeding, or before any persdn authorized by law to take It, is relevant or the purpose of proving in a subsequent judicial proceeding, or in a later stage of same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence state cannot be obtained without hn amount of delay or expense which under the circumstances of the case the court considers unreasonable:
Provided that-
(a) the proceeding was between the same parties or their representatives in interest;
(b) the adverse party in the first proceeding had the right and opportunity to cross-examine;
(c) the questions in issue were substantially the same in the first as in the seconnd proceeding.
Explanation- A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.