DYING DECLARATION AND ITS CORROBORATION IN PAKISTAN AND INDIA: AN ANALYTICAL STUDY OF CASE LAW
Journal Title: European Journal of Business and Social Sciences - Year 2014, Vol 2, Issue 12
Abstract
This paper analyzes the law and judicial practice pertaining to corroboration of dying declarations in Pakistan and India. According to a well settled rule of law a dying declaration may form a sole basis of conviction without any corroboration provided the same inspires judicial confidence. On the other hand, the courts seek corroboration of dying declarations when they appear to be motivated, prompted or tainted by any other infirmity. This judicial practice is termed as a rule of prudence which has acquired sanctity almost equivalent to a rule of law. Bearing in mind this legal scenario, the paper explores those circumstances in which dying declarations are required to be corroborated by the courts to avoid any miscarriage of justice. Moreover, it highlights those pieces of evidence which have judicially been held as dependable for corroboration of dying declarations. The paper has analyzed the case law of the superior courts of the Indian Subcontinent to meet this end.
Authors and Affiliations
Dr Shahbaz Ahmad Cheema| Assistant Professor, University Law College, University of the Punjab, Lahore, Pakistan. Email: shahbazcheema@ymail.com Ph: 03454060693, Samee Ozair Khan| Assistant Professor, University Law College, University of the Punjab, Lahore, Pakistan. Email: sameeuzair@yahoo.com Ph: 03224501964
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