Fact, question of. See QUESTIONS OF FACT.
Something that actually exists; as aspect of reality, Black's Law Dictionary, 7th Edn., p 610.
The word 'fact' means some concrete or material fact to which the information directly relates, Earabhadrappa alias Krishnappa v. State of Karnataka, AIR 1983 SC 446: (1983) 2 SCC 330: (1983) 2 SCR 552.
Means and includes:
(1) anything, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious; (Evidence Act, 1872, s. 3)
A fact discovered within the meaning of s. 27 must refer to a material fact to which the information directly relates. In order to render the information admissible the fact discovered must be relevant and must have been such that it constitutes the information through which the discovery was made, H.P. Administration v. Om Prakash, AIR 1972 SC 975 (984). (Evidence Act, 1872, s. 27)
Fact, should be given a broad and not a narrow or pedantic meaning. The word covers any alleged fact which is in issue and is put forward as part of the defence case, if the defendant advances at trial any pure fact or exculpatory explanation or account which, if it were true, he could reasonably have been expected to advance earlier, s. 34 (Criminal Justice and Public Order Act, 1994) is potentially applicable, Regina v. Webber [HL(E)], (2004) 1 WLR 404: (2004) UKHL 1.