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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