Corroborating Evidence in Pakistan: A Mechanism to Fill Reliability Void
16 Pages Posted: 1 Oct 2015 Last revised: 30 Jan 2018
Date Written: September 29, 2015
Abstract
Technique of corroboration plays a vital role in appreciation and evaluation of evidence in judicial proceedings - civil and criminal - hence dispensation of justice in different legal systems of the world. This paper analyzes the relevance and significance of the technique of corroboration in criminal administration of justice in Pakistan. It discusses some circumstances which necessitate corroboration of original evidence and how that necessity is met in the judicial proceedings. As a whole, corroborating original evidence in various circumstances by Pakistani courts is a well developed technique for avoiding conviction of innocent persons and to ensure that real culprits are convicted. The paper concludes that requirement of corroboration is not necessarily dictated by law: it is mandated by prudence, caution and practice for satisfying the judicial conscience as to reliability of original evidence. When original evidence does not meet the requisite standard of reliability, that particular situation generates a ‘reliability void’. This reliability void of original evidence is filled by corroboratory evidence to make it as convincing and trustworthy evidence. But corroboratory evidence does not convert absolutely unreliable evidence into a reliable one.
Keywords: Corroboration; Confession; Retracted Confession; Dying Declaration; Child Witness; Interested Witness; Law of Evidence; Qanoon-i-Shahadat Order; Pakistan; Case Law Study
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