Saturday, 4 August 2012

Determining hearsay evidence by test

Judgement defining the terms Hearsay and Res Gestae in detail. What can be test for hearsay evidence? How hearsay can be determined? All questions are answered in this judgement..

  Citation Name  : 2003  PLD  368     SUPREME-COURT
  Side Appellant : SHABBIR HUSSAIN alias SUKKU
  Side Opponent : THE STATE

Qanun-e-Shahadat Order 1984 ----Art. 19---Relevancy of facts forming part of same transaction--Statements, utterances and declarations in order to be admissible/relevant as "res gestae " should be contemporaneous with the occurrence/ incident w issue, i.e., interval should not be such as to give time or opportunity for fabrication and they should not amount to be mere narrative or past occurrence---Declarations, statements and utterances which do not satisfy the said test are rejected as hearsay.

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