LAW OF EVIDENCE 593
That he purchased a mattress like the one in which the dead body was wrapped.
Long continued absence of demand to prove the payment of an alleged debt.
The resemblance of a child to the Defendant to prove paternity in a maintenance case.
11 (2) § Facts which are inconsistent with facts in issue or relevant facts or which make them highly improbable.
Illustrations.
In an action for money lent, the poverty of the alleged lender is relevant as being inconsistent with the making of the loan.
That a witness or the accused was at another place is relevant as inconsistent with his alleged presence at the scene of the offence.
In a case involving the determination of the question whether the thumb impression is that of A or not. Evidence may be given of his thumb impression on another document if their dissimilarity makes the story of his thumb impression improbable.
52-55. § Proof of facts relating to character.
1. The rules regarding evidence of character fall into two classes.
I Those which relate to the character of witnesses.
II Those which relate to the character of parties.
Character of witnesses.
1. The character of a witness is always material as affecting his credit. The credibility of a witness is always in issue. For as witnesses are the media through which the Court is to come to its conclusion on the matters submitted to it, it is always most material and important to ascertain whether such media are trustworthy and as a test of this, questions, among others, touching character are allowed to be put to witnesses in the case—Sections 145-153.
§ Character of a Party.
- In respect of the character of a party, distinctions must be drawn between
Cases where the character of the party is in issue
and
Cases where it is not in issue.