In this regard, we will like to reproduce an observation of
Hon’ble Supreme Court of Pakistan expressed in case Niaz-ud-Din and
another v. The State and another (2011 SCMR 725) whereby the
conviction awarded on dying declaration was upheld:-
“As to the contention about the worth or genuineness of dying
declaration of Rehman Ali Shah, it is worth noting that the same was
made by him in the hospital, which was certified by the Doctor that he
was conscious and was capable of making the statement. As held in
Mst.Shamim Akhtar v. Fiaz Akhtar and 2 others (PLD 1992 SC 211)
there is no special mode for recording such a declaration under Article
46 of Qanun-e-Shahadat Order, 1984. It was further held in the said
case that the same could be used against the accused when there was
nothing to suggest that deceased had substituted any innocent person in
place of the real culprit.”
Part of Judgment
IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT
Murder Reference-Murder Reference (Session Cases)63-17
2020 LHC 1362
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