56
Evidence
Cap 80
[2009]
inconsistent with any part of his evidence which is liable to
be contradicted;
(d) when a man is prosecuted for rape or an attempt to commit
rape, it may be shown that the prosecutrix was of generally
immoral character.
(2) A person who, called as a witness pursuant to sub-section (1)
(a), declares another witness to be unworthy of credit may not, upon his
examination-in-chief, give reasons for his belief, but he may be asked
his reasons in cross-examination and the answers which he gives cannot
be contradicted, though, if they are false, he may afterwards be charged
with giving false evidence.
Circumstantial
questions to confirm
evidence.
164. When a witness the truthfulness of whose evidence it is
intended to confirm gives evidence of any fact, he may be questioned
as to any other circumstances which he observed at or near the time
or place at which the fact occurred, if the court is of opinion that such
circumstances, if proved, would tend to confirm the testimony of the
witness as to the fact to which he testifies.
Proof of consistency
by former statements.
165. In order to show that the testimony of a witness is consistent
any former statement made by such witness, whether written or oral,
relating to the same fact at or about the time when the fact took place,
or before any authority legally competent to investigate the fact, may
be proved.
Evidence to test
statement of person
not available as
witness.
166. Whenever any statement admissible under section 33 or
section 34 is proved, all matters which might have been proved if
that person had been called as a witness and had denied upon crossexamination the truth of the matter suggested, may be proved either to
contradict or to show consistency, or in order to impeach or confirm
the credit of the person by whom it was made.
Refreshing memory
by reference to
contemporaneous
writing.
Part V - Refreshing of Memory and Production of
Documents
167. (1) A witness may, while under examination, refresh his
memory by referring to any writing made by himself at the time of
the transaction concerning which he is questioned, or made so soon
afterwards that the court considers it likely that the transaction was at
that time fresh in his memory.
(2) A witness may, while under examination, refresh his memory
by referring to any writing made by any other person and read by the
witness within the time mentioned in sub-section (1), if when he read
it he knew it to be correct.
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