The hearsay rule works only against the process of establishing the truth of the assertion.If statement was adducted to show that it was false then the statement did not come within the hearsay rule.
Mawaz Khan v R
2 defendants prosecuted for murder. Circumstantial evidence related them to the scene of the crime. Prosecution also relied on the fact that the statement creating false alibi was made by them to the police. Prosecution rely on the false alibi , so that the jury could infer a joint attempt to set up a false alibi and joint guilt.
The trial judge considered both statements were admissible against both defendant.
Statement adduced by the prosecution to show false contents did not come under the rule against hearsay.
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