The Law of Evidence - Page 607

586 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

II. It is not every connected fact which is relevant. It is only facts connected in a particular respect which are relevant. The Evidence Act lays down in what way a particular fact must be connected with the fact in issue in order that it may be treated as a relevant fact.

  1. 1. § Proof is allowed of Facts forming part of the same transaction comprised in the facts in issue.

Take Illus (a), (c) (d).

What is meant by transaction ?

A transaction is a group of facts so connected that they go by a single name such as a crime, contract, sale etc.,

Anything connected with the crime or contract if the connection is open and visible i.e. obvious and immediate is part of the same transaction and is relevant.

What does transaction include ?

A transaction not only includes acts done but also statement made in the course of the transaction.

Illus

The cries of a woman when raped. The statement to be part of the same transaction must accompany the act.

What is meant by same transaction ?

  1. Same does not mean similar. Evidence of series of similar transactions irrelevant.

  2. Same transaction does not mean transaction which has taken place at the same time and same place. It has nothing to do with simultaneity of occurrence as to time and place.

Illus.—

Robbery may take place in January in one place, stolen goods may be entrusted with a receiver in another place in February and may be sold in March in a third place. All this would be parts of the same transaction.