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WAKIL KHAN vs State art — 2021 YLRN 62 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 62 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
WAKIL KHAN vs State art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAKIL KHAN VS State art. 46---Dying declaration---Scope---No doubt, dying declaration was an important piece of evidence and that sanctity was attached to the dying declaration because a dying man was not expected to tell a lie, but it was equally true that it was always considered as a weak type of evidence being un-tested by cross-examination---Only reason for accepting the same was the belief phenomenon of the court of law that a person apprehending death due to injuries, caused to him, was ordinarily not expected to speak a falsehood---To believe or disbelieve a dying declaration thus was left to the ordinary human judgment, however, the court always insisted upon strong independent and reliable corroboratory evidence for the sake of safe dispensation of justice---Relying blindly and without proper scrutiny on dying declaration, would be no less dangerous approach on the part of the courts of law.

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