dying declaration
kumar sachin
(Querist) 25 May 2010
This query is : Resolved
when can be rejected as a reliable evidence
Raj Kumar Makkad
(Expert) 25 May 2010
If circumstances do not support and no reliable evidence is corroborating such evidence.
Ruchi Gupta
(Expert) 26 May 2010
It is rejected only when some suspicious circumstances arose.
N.K.Assumi
(Expert) 26 May 2010
In a case before the Supreme Court, there were two dying declarations though one was made before the Magistrate. But the forensic expert opinion which remained unimpeached raised doubt as regards the condition of the deceased to make voluntary and truthful statement. After examining the case law the court came to the conclusion that the "the dying declarations must inspire confidence so as to make it safe to act upon. whether it is safe to act upon a dying declaration depends upon not only the testimony of the person recording the dying declarations- be it even a Magistrate but also all the material available on record and the circumstances including the medical evidence"....And the Court refused conviction on the basis of dying declarations.
Uma parameswaran
(Expert) 26 May 2010
If it is not true and voluntary or not in fit state of mind.
