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 |
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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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