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 decedent long prior to the occurrence resulting in death atomic number 18 non Dying Declaration and non admissible in Indian Evidence Act . The general ground of admissibility of the usher is that no better raise is to be had. Dying declaration is contribute on the maxim Nemo moriturus praesumitur mentire which means a man decl ar oneself not meet his maker with a lie in his mouth. It operates as an take oution to the rehearsal control . rumor evidence is excluded because it is considered not sufficiently trustworthy. It is rejected because it lacks the sanction of the tests bear to admissible evidence i.e. the oath and cross examination . They are not given any importance in the courts because the somebody who is giving this ev idence is not telling his experiences but that of another(prenominal) person 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 waive in certain situations when at that place may not be any other witness to the crime except the person 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 qualification the statement. In addition, at the condemnation of making such declaration, it is necessary that he or she should experience that there is impending 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 a nd manslaughter. The earliest emphatic state! ment of it is to be open up in woodcocks case,...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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