Dying Declaration By Rape Victims

Dying Declaration by Rape Victims: A censorious Analysis Dying Declarations argon the statements made by a end soul as to injuries which culminated in his death or the fate under which the injuries were inflicted . Statements made by a deceased long prior to the occurrence resulting in death ar non Dying Declaration and non admissible in Indian Evidence Act . The general ground of admissibility of the usher is that no better testify is to be had. Dying declaration is corroborate on the maxim Nemo moriturus praesumitur mentire which means a man generate non meet his maker with a lie in his mouth. It operates as an take oution to the relation design . rumor evidence is excluded because it is considered not sufficiently trustworthy. It is rejected because it lacks the sanction of the tests assume to admissible evidence i.e. the oath and cross examination . They atomic number 18 not given any importance in the courts because the soulfulness who is giving this evi dence is not telling his experiences but that of another(prenominal) someone and who cannot be cross examined to verify the facts. It is an exception because if this evidence is not considered the very purpose of the justice will be forgo in certain situations when in that respect may not be any other witness to the crime except the soul who has since died.

A Dying Declaration as envisaged by S 32 of the Indian Evidence Act accept not necessarily be from a person who is demise at the metre of fashioning the statement. In addition, at the condemnation of making such declaration, it is necessary that he or s he should experience that there is impendin! g death. In other words, at the time of making such declaration it is a legal commandment that such person must entertain expectation of death. A rule peculiar to criminal cases is the exception to the rule respecting hearsay evidence which renders dying declarations as to the cause of death admissible in trials for murder and manslaughter. The earliest emphatic statement of it is to be entrap in woodcocks case,...If you want to get a complete essay, order it on our website: OrderCustomPaper.com

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