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Dying Declarations: Persons Last Words Should Not Always To Be Considered As Gospel Truth

In law of evidence dying declaration is an exception to hearsay which to be exercised by courts very carefully as it could convict the accused without following the due process of fair trial.[1] This theory is based on traditional philosophy that the dying person has no fear of truth and not want to meet the creator with a lie on the lips. Based on legal maxim "nemo moriturus praesumitur mentire"[2] means, that a man will not meet his maker with a lie in his mouth. The emotional and psychological intensity of facing imminent death creates an environment where truth prevails.[3]

The paper aims to examine the merits of the dying declaration specially when the statement is woman's last words admitted as relevant fact in issue, and accepting the testimony as corroborative evidence leading to conviction. It seeks to understand how the judges appreciate evidence and value of such statements. Courts applying their judicial mind have deviated from the traditional rule taking a contrary view. The law of evidence in India where such solitary witness who is victim and also often where it is a single piece of substantial evidence, section 32 (1) of the Indian evidence act, 1872, defines dying declaration which is admitted as relevant facts written or verbal used as corroborative evidence to ascertain the truth.[4]

The paper acknowledges that there is always two sides of every case and analyse the tests applied to understand the verity of the such dying declaration and conundrums where such statement are given to third person such as magistrate or certified by a doctor where the rule of caution is to be exercised and when there are multiple dying declarations in such instances what are the test to be applied when treating such statements as conclusive and important piece of evidence.

Issues to be considered in judgements where the courts overlooked possibilities where the dying declaration could be tainted.

Research Question.
  • "Rule of First Opportunity" Whether there is reasonable doubt to believe the dying declaration was led by someone?[5] Even court have reproduced eleven factors to determine its weightage.
  • Time taken to file the F.I.R (first information report).
  • Examination of the person who recorded dying declaration is Essential.
  • Two possibilities - Benefit of doubt to be always given to accused.[6]
  • The character of the solitary witness should be of sterling quality and caliber.[7]
Should the person's last words should be considered as gospel truth?
Different ways to appreciating dying declarations.[8]
  • Signs & Gestures.
  • Oral and written.
  • Incomplete dying declaration.
  • Who can record dying declaration.

In legal proceedings, evidence holds utmost importance in ensuring justice and reaching to conclusion and granting relief to the aggrieved. The evidence law is a procedural law and also Lex Fori. In cases of serious offices as murder or where death occurred of a victim as a result of manslaughter, in Indian law of evidence the statements made by the deceased and in this article more specifically the victim is a woman and her last words carry substantial weight as admissible evidence and becomes sole testimony for the conviction of the accused.[9]

The statements made which narrate the cause of death or circumstances in act and series of transactions that the death is caused. The traditional way of believing is based on legal maxim "nemo moriturus praesumitur mentire"[10] The person dying has no reason to lie at the time of meeting his maker one doesn't want to die with a lie on his lips.[11] However it is necessary to prove the person who gave dying declaration actually died because of the person who is accused on trial.[12]

The Purpose of this article is to see whether her last words could always be considered as Gospel Truth and what tests would the courts apply when the general rule of evidence says the serious the crime the burden of prove is to given as beyond reasonable doubt. In the paper would also analyse the provision that deals with dying declaration which is section 32 (1) of the Indian Evidence Act 1872 with the help of significant case laws and recent judgements, as the aforementioned section departs from the general rule as the maker of the statement as last words cannot be cross examined to check the veracity of the allegations made on the accused.

When dying declaration is the only admission that is replied upon for conviction, the purpose of the article is to understand what are the test that are involved and how do courts decide when be lenient and when to be strict while considering dying declaration as the basis of the sole conviction which is made in various way such as orally, in writing, or by their actions and inasmuch as who is the person to whom the dying declaration is made.[13]

Dying declaration is not been defined in any statute expressly. In India, dying declaration is admissible in both criminal and civil cases, in recent times. Initially dying declarations was more discusses in the realm of criminal jurisprudence. This paper will highlight the history and origin of the concept.[14] The current position of the law in India discussing some recent judgement and the test the judges apply in order to render justice and the essentials of the application in common law practice.

Background & History.
Whenever there is a suit or legal proceedings are initiated, the adjudication of the matter has to considered on the general rule of best evidence, and also the principles of natural justice which means one party gets to cross examine the other party. Dying declarations are contrary to the general principles as the maker of the dying declaration is no longer available for deposition and other party doesn't get to cross examine the veracity of the statement made against the accused.

The concept of 'Dying Declaration' in legal context was first discussed in the case of R v. Woodcock[15], before the death of the victim he accused of Woodcock of the crime, the court believing that under the circumstances where a person's death is eminent and the statement made by him, he has very little motive to lie or fabricate his statement, and the way he made the statements appeared to be reliable and trustworthy, making an exception to the hearsay rule. The person to whom the statement was made was the magistrate.

A dying declaration is exception to hearsay rule as the evidence lead cannot be cross-examined, before the aforementioned case, evidence law which applies to civil and criminal jurisprudence. In later development with the case of State v. O'Shea[16] significant because it further established the admissibility and importance of dying declarations in legal proceedings. The caselaw confined dying declarations to case where death had occurred, as it recognized its implications is civil cases and allowed the theory of dying declarations only for criminal cases.

This was made on the basis that an accused may lie or simply will never tell the truth making it self-serving even during their last breath as personal liability extends to the legal representatives in civil cases. This was later argued that making dying declaration confined to only criminal jurisprudence has no logic as it would then come as an inference that a particular class of people will never speak the truth and such cannot become a principle of law, and when dying declarations can be admitted only in criminal cases and not civil cases is no logic.

The two above case laws have laid the foundation of the concept of 'Dying declaration' from two most prominent English law jurisdictions. In English law dying declaration qualifies only when victim fully comprehends his eminent death and such statement is made under such apprehension. The admissibility is based on the principle that impending death is eminent, as the Indian law diverges from that principle and the dying declaration need not be made without the expectation of impending death.[17] Dying declaration in Indian Law is covered under Sec 32 (1)[18] 'when the statement is made by a person as to the cause of the death, or as to any of the circumstances of the transaction which resulted in his death...'

In the case of Pakala Swami v. Emperor[19] the letters were given by the deceased to his wife before going to a place where the victim was murdered. The court admitted those letters in form of written statements as dying declaration and when the letter was given to the wife there no apprehension of impending death. The statute doesn't specify in which form the dying declaration is to be made, what is important is dying declaration should retain the crucial factors of narrating the transactions and circumstances which lead the victim to death.[20]

Different Ways And Procedure How The Court Appreciates Evidence

The Indian Evidence Act doesn't prescribe the different ways the dying declaration is appreciated; therefore, the evolution of this legal concept has largely been shaped through judicial pronouncements. Over the period, Indian courts have interpreted and applied the provisions of the Evidence Act to accommodate various forms of dying declarations, including verbal statements, gestures, and even written communications. Through a series of legal precedents and judgments, the admissibility and relevance of different modes of dying declarations have been followed as common law practice, ensuring that the law remains flexible to the evolving needs of justice.

This judicial evolution of legal interpretation within the Indian legal system, wherein courts adapt and refine legal principles to meet the demands of contemporary jurisprudence. Before court admits the evidence based on the way it is appreciated the court recognizes the fact that 'a dying man seldom dies' and 'truth sits upon the lips of a dying man'[21]

Exception to the hearsay rule the court needs to first satisfy the victim who is the sole witness to the crime, and exclusion of the victims' statement would tend to defeat the ends of justice. Secondly, victim should be component at the time of making the statement, the lucidity of the victim while making the statement makes the statement worthy to be held admissible, and under the circumstances of the case the following facts should themselves should be relevant in the following cases where, when it relates to cause of death, made during the course of business, the statement should not be self-serving statement, or the statement is given as opinion as to public right or custom or matters, or relates to existence of relationship, statement made in will or deed relating to family, and in relating transactions made under section 13 (a)[22], a statement, whether oral or written or otherwise connected to circumstances of the death of the person qualifies as 'Dying Declaration', its relevance is placed in victims anticipation of death, regardless of suit or legal proceedings involved.

Nonetheless, if the victim survives the statement doesn't become irrelevant but cannot be admitted under section 32, and can be admitted under section 157[23] of the Indian evidence act to contradict, corroborate, impeach, or confirm the credibility of the statement made by the victim.[24]

Gestures and Signs
In the case of Queen-Empress v. Abdullah[25], the appellant stood accused of murdering Dulari, a prostitute, by slashing her throat with a razor. Dulari was discovered one morning with her throat slit and was promptly taken to the police station and then to the dispensary. Despite her severe injuries, Dulari remained alive until the morning. The post-mortem report indicated severe cuts to her windpipe and the anterior wall of her gullet. While at the police station, Dulari, though unable to speak, remained conscious and communicated through gestures and signs.

The magistrate, in the presence of a sub-inspector, questioned her regarding her assailant. Although unable to vocalize, Dulari conveyed her responses through hand movements. When the magistrate inquired specifically about Abdullah, Dulari affirmed his involvement with a gesture. Furthermore, when asked about the weapon used, Dulari indicated affirmatively towards a razor. The magistrate duly recorded Dulari's dying declaration, which was admitted as evidence in Abdullah's prosecution.

In a recent judgement of Manjunath v State of Karnataka[26] the court cautioned such signs and gestures could be prone to tutoring, prompting, or imagination, court needs to also see the people present during its recording, making it challenging to rule out any influence on the statement's authenticity.[27] The court also reiterated Irfan@Naka v. State of U.P[28] and court must ask questions while dealing with dying declarations and the gamut of consideration, it was observed that questions regarding the identity of the person who recorded the dying declaration, its accuracy, and identity of individual when declaration was recorded, all of it is not certain which raises doubt about the authenticity of such dying declaration.[29]

Oral and written
When the victim names the accused to person present, orally or in writing by any of them then such statement is also admitted as dying declaration. However, the victim may also dispose the hearsay evidence is no evidence and yet as dying declaration it is admissible. Statements made in conscious state, the court should be satisfied that the statement oral or written should be with free will, in conscious state and statement should satisfy court to be lucid. In case of Amar Singh V. State of Rajasthan[30]

The victims' mother and brother gave the evidence, that the victim has orally made submission month prior to the incident of the that the victim husband used to taunt and harass the victim that she came from the poor family and demanded dowry. The court referring to Pakala Swami v. Emperor[31] and upheld Lord Atkins opinion as the transactions which resulted on the death of the victim were admitted accepting that they had proximate effect.

A dying declaration can be made to anyone, even the statements made to police are not admissible but law of evidence makes no distinction between dying declaration given to the police officer and one recorded by a magistrate. Among all classes of people, the person who is the witness or recorder of the dying declaration, magistrate and doctors are the most reliable sources, presumably, as the party corroborating the dying declaration of the victim has not self-serving interest. The essentials for applicability no particular form of recording the statement is prescribed, and so the that a statement recorded by a police officer or close relative requires more scrutiny.

While their testimony can provide context and additional information, courts typically scrutinize such statements carefully, especially if there's a familial relationship between the declarant and the affirming relative. This cautious approach is necessary to ensure that the dying declaration is reliable and free from undue influence. Instead, courts often seek corroborating evidence or testimony from impartial witnesses to support the veracity of the declaration. By doing so, the judicial process aims to uphold fairness and integrity in determining the validity and admissibility of dying declarations as evidence.

In the case of Koli Chunilal Savji v. State of Gujarat[32] the Supreme Court highlighted the need for careful scrutiny of dying declarations, especially when they are affirmed by relatives of the deceased. The court emphasized that while relatives may provide valuable information, their testimony alone may not be sufficient to establish the authenticity of the dying declaration. Instead, the court emphasized the importance of corroborating evidence and independent witnesses to validate the declaration's credibility. This judgment underscores the principle that the affirmation of a dying declaration by relatives is not conclusive and must be evaluated in light of other corroborative evidence to ensure fairness and justice in legal proceedings.

Incomplete Dying Declarations.
The legal position regarding incomplete dying declarations varies depending on the jurisdiction and specific circumstances of the case. In general, an incomplete dying declaration refers to a statement made by a person who is believed to be on the verge of death but is unable to provide a full or coherent account of the events due to their physical condition or other constraints.

Courts typically assess incomplete dying declarations with caution, recognizing that the declarant's incapacitation may limit the reliability or comprehensiveness of the statement. However, such declarations may still be admitted as evidence under certain conditions, particularly if they contain relevant details or provide insights into the circumstances surrounding the incident.

In Indian jurisprudence, incomplete dying declarations have been considered by courts, and their admissibility and weight have been subject to scrutiny. One such case is the landmark judgment of Laxman v. State of Maharashtra[33] where the Supreme Court of India examined the issue of incomplete dying declarations. The Victim had been set on fire, due to the severity of her injuries she was unable to provide further details or complete her statement. Despite its incompleteness, the trial court admitted her dying declaration as evidence against the accused.

Analysing the principles of admissibility of dying declarations, the court emphasized the importance of victim's clarity and lucidity of mind at the time of making the statement. While an incomplete statement may raise doubts abouts its reliability, it can still be considered unless material facts are corroborated with the evidence, Supreme court upheld the admissibility of such incomplete statement provided it contains crucial information identifying the accused and it needs to consistent with other evidence when corroborated.

Test To Be Applied Before The Conviction Is Made Solely On The Basis Of Dying Declaration

In many legal systems, including India, a conviction cannot be solely based on a statement without further corroboration or application of tests to ascertain its reliability. This principle is especially applicable to dying declarations, where the declarant is unavailable for cross-examination and may not have the opportunity to clarify or corroborate their statement.

In the absence of corroboration or reliability tests, a conviction based solely on a dying declaration may be deemed unsafe or unreliable. Courts often require additional evidence or circumstances to support the dying declaration and ensure that the conviction is based on a solid foundation of evidence.

Therefore, while dying declarations can be significant evidence in criminal cases, they are typically not sufficient on their own to secure a conviction without further corroboration or reliability tests to establish their veracity.

"Rule of First Opportunity"
The "Rule of First Opportunity" in dying declarations refers to the principle that the first person who has the opportunity to record or witness the dying declaration should do so promptly and accurately. This rule emphasizes the importance of preserving the dying declaration in its original form without any alteration or influence from subsequent individuals. It underscores the need for immediate recording of the dying declaration by a competent authority, such as a magistrate or a doctor, on whom the high level of reliance is placed.

This ensures that the declaration is accurately captured while the declarant is still in a conscious and coherent state. The Rule of First Opportunity serves to prevent potential tampering or manipulation of the dying declaration by subsequent individuals who may have an interest in the case. By recording the declaration promptly and without delay, the integrity of the evidence is preserved, and its reliability is enhanced.

Failure to adhere to the Rule of First Opportunity may raise doubts about the authenticity of the dying declaration and could affect its admissibility and weight in legal proceedings. Therefore, courts often place significant importance on compliance with this rule when evaluating the reliability and probative value of dying declarations.

In case of Paniben v. State of Gujarat[34] decided by the Supreme Court of India emphasized the importance of promptly recording dying declarations by the first person who has the opportunity to do so. The Court held that dying declarations should be recorded without delay and in the presence of witnesses to ensure their reliability and authenticity. The Court further stated that any delay in recording the dying declaration could raise doubts about its veracity and may render it inadmissible as evidence. It emphasized that the Rule of First Opportunity must be strictly adhered to in order to preserve the integrity of dying declarations and prevent any potential tampering or manipulation.

This case underscores the significance of the Rule of First Opportunity in Indian jurisprudence and highlights its role in ensuring the reliability and admissibility of dying declarations in legal proceedings when dying declaration becomes the basis of sole conviction.

Time taken to file the F.I.R (first information report)
The time taken to file the First Information Report (FIR) before giving a dying declaration can be a crucial factor in legal proceedings, especially in cases where the delay may impact the reliability or credibility of the dying declaration.

Here are some key points to consider:

  • Promptness of Filing FIR: Courts generally expect the FIR to be filed promptly after the commission of the offense. A delay in filing the FIR may raise questions about its authenticity and the reliability of the information contained therein. However, the exact timeframe considered "prompt" may vary depending on the circumstances of each case.
  • Impact on Dying Declaration: If there is a significant delay between the commission of the offense and the filing of the FIR, it may affect the weight given to the dying declaration made thereafter. Courts may scrutinize the circumstances surrounding the delay and assess whether it could have influenced the declarant's state of mind or the accuracy of their statement.
  • Explanation for Delay: The prosecution may be required to provide a reasonable explanation for any delay in filing the FIR. Valid reasons for delay, such as the declarant's medical condition or logistical constraints, may mitigate concerns about the reliability of the dying declaration.
  • Admissibility: Despite a delay in filing the FIR, a dying declaration may still be admissible if it is found to be reliable and consistent with other evidence in the case. However, the delay and its impact on the credibility of the dying declaration will likely be scrutinized by the court.

In State of Maharashtra v. Suresh[35] stated the significance of promptness in filing the FIR and its impact on the reliability of the dying declaration. The Court held that while a delay in filing the FIR may not necessarily render the dying declaration inadmissible, it could affect its weight and credibility. The Supreme Court observed that a prompt FIR lends credibility to the prosecution's case and provides a contemporaneous record of the events. Conversely, a delay in filing the FIR may raise doubts about the reliability of the evidence, including the dying declaration. While the Court acknowledged that there may be valid reasons for a delay in filing the FIR, it emphasized the need for the prosecution to provide a reasonable explanation for the delay. The Court further highlighted the importance of corroborative evidence to support the dying declaration, especially in cases where there is a delay in filing the FIR and its impact on the admissibility and credibility of the evidence presented in court.[36]

Examination Of The Person Who Recorded Dying Declaration Is Essential

Examination of the person who recorded the dying declaration is often considered essential in legal proceedings, particularly in cases where the dying declaration serves as a significant piece of evidence. The person who recorded the dying declaration can authenticate the document or statement, confirming its accuracy and veracity. Their testimony provides assurance to the court regarding the reliability of the dying declaration. The individual who recorded the dying declaration can testify about the circumstances under which it was made. This includes details such as the victims mental state, physical condition, surroundings, and any external influences present at the time.

Importantly, Cross-examination of the person who recorded the dying declaration allows the opposing party to challenge their testimony and probe for any inconsistencies or discrepancies. This helps in testing the credibility and reliability of the evidence. Overall, examination of the person who recorded the dying declaration plays a crucial role in ensuring the integrity, reliability, and admissibility of the evidence presented to the court. It helps establish the authenticity of the declaration and provides clear and unbiased admissibility of such dying declaration.

One significant case law that underscores the importance of examining the person who recorded the dying declaration is Kake Singh v. State of Rajasthan[37], decided by the Supreme Court of India. Supreme Court emphasized the necessity of examining the person who recorded the dying declaration to establish its authenticity and reliability. The Court held that the testimony of the person who recorded the dying declaration is essential to confirm the circumstances under which it was made and to ensure adherence to proper procedure. The Court further observed that the failure to examine the person who recorded the dying declaration may cast doubt on its authenticity and may affect its admissibility and weight as evidence. Therefore, the Court stressed the importance of examining the recorder to establish the credibility and veracity of the dying declaration. This case underscores the significance of examining the person who recorded the dying declaration in legal proceedings and highlights its role in ensuring the integrity and reliability of the evidence presented to the court.

Two possibilities - Benefit of doubt to be always given to accused.

The "two possibility" test in dying declarations refers to a legal principle used to assess the reliability and credibility of such statements. Essentially, it involves evaluating whether there are only two possible explanations for the statement made in the dying declaration.

Firstly, whether there are only two plausible explanations for the content of the dying declaration. One explanation is that the statement accurately reflects the truth about the events described by the declarant. The other explanation is that the statement is false, fabricated, or influenced by external factors.

Secondly, In the absence of other Explanations and if there are no alternative explanations that account for the statement's content, apart from truthfulness or fabrication, it strengthens the reliability and credibility of the dying declaration. In essence, the two-possibility test helps courts assess the reliability of dying declarations by evaluating the likelihood that the statement accurately reflects the declarant's true perceptions and experiences. If the test suggests that truthfulness is the only plausible explanation for the statement, it enhances the probative value of the dying declaration as evidence in legal proceedings. However, if other reasonable explanations exist, such as coercion or confusion, the reliability of the dying declaration may be called into question.

In the case of Dhanpal v. State[38] the court held that if two reasonable conclusions are possible on the basis of the evidence on record which contradicts each other as dying declarations, the appellate court should not disturb the finding of acquittal recorded by the trial court.

The character of the solitary witness should be of sterling quality and caliber.
In cases of dowry death of crimes against women, it is generally difficult to find any corroborative evidence except the victim herself, and statements made by such victim is sufficient for conviction. In the case of Reena Devi v State of Haryana[39] the court said "the statement of prosecutrix cannot be treated as gospel truth and the Court has to see that she is a witness of sterling quality. If the statement of prosecutrix is held to be gospel truth and Courts are bound to hold someone guilty just because there is allegation by prosecutrix, it would be travesty of justice and there would be no need to conduct trial. The statement recorded by Magistrate under Section 164 or police authorities under Section 161 of CrPC[40] would be sufficient to put a person behind the bars and hold him guilty.

Keeping in view of the High Court upheld the judgment of the trial court saying that the findings recorded by trial court are well reasoned, fair, reasonable and cannot be termed as perverse in any manner, thus, it does not warrant interference.[41] The Court said that the appellant just to cover up delay has alleged that she was threatened by respondent and due to fear she did not disclose about alleged incident to her parents. The Trial Court has rightly concluded that there is unexplained delay in registration of FIR and it appears that FIR was registered to spite the boy side at a later point of time just because respondent refused to marry appellant.[42]

In conclusion, the law of evidence recognizes dying declarations as an exception to the hearsay rule, acknowledging the unique circumstances under which they are made and their potential significance in legal proceedings. However, while dying declarations carry weight as admissible evidence, they must be approached with caution, especially considering their potential to impact the outcome of a trial and the rights of the accused. The principle that "persons last words should not always be considered as gospel truth" underscores the need for careful scrutiny and assessment of dying declarations, taking into account various factors such as the declarant's mental state, the circumstances surrounding the statement, and the presence of corroborating evidence.

Shedding light on the evolution of the concept of dying declarations in Indian jurisprudence, tracing its origins from English common law principles to its current application under the Indian Evidence Act, 1872. Through an analysis of significant case laws and legal precedents, the paper has explored the complexities and challenges associated with dying declarations, including issues related to reliability, completeness, and the admissibility of different forms of statements.

Several key principles and tests have emerged from the examination of dying declarations, including the "two possibility" test, the "Rule of First Opportunity," and the importance of corroborative evidence. These principles serve as guiding principles for courts when assessing the credibility and admissibility of dying declarations, ensuring that justice is served while upholding the rights of the accused.

Overall, while dying declarations play a crucial role in the administration of justice, their use must be balanced with the principles of fairness, reliability, and due process. By adhering to established legal principles and applying rigorous scrutiny to dying declarations, courts can ensure that justice is served equitably and uphold the integrity of the legal system.

  1. Vepa P. Sarathi, Law of Evidence (6th edn, 2006) 75.
  2. Idaho v. Wright, 497 U.S. 805, 820 (1990).
  3. Aviva A Orenstein, 'Her Last Words: Dying Declarations and Modern Confrontation Jurisprudence' (2010) Articles by Maurer Faculty 6.
  4. Malvika Bisht, 'A Study on Dying Declaration and Its Importance' (2021) 4 Intl J.L. Mgmt. & Human. 710.
  5. Irfan@Naka v. State of U.P., 2023 SCC OnLine SC 1060, decided on 23-08-2023.
  6. Dhanpal v. State., (2009) 10 SCC 401.
  7. Rai Sandeep@Deepu alias Dipu v. State (NCT of Delhi)., 2012 8 SCC 21.
  8. Sonia Balhara, 'Dying Declaration in India' (2022) 2 Law Essentials J 187.
  9. A detailed Study on Dying Declaration under Law of Evidence, JCLJ (2021) 2(1) 679.
  10. Supra. Note 2.
  11. Supra. Note 4.
  12. Umakant v. State of Chhattisgarh, (2014) 7 SCC 405.
  13. Supra. Note 5.
  14. Priyanka Rao & Tusti Arya, 'Nemo Moriturus Proesumitur Mentiri: Dying Declaration in India' [2023] 5 Indian J.L. & Legal Rsch 1.
  15. (1789) 1 Leach 500.
  16. 105 A.2d 833, 16 N.J.
  17. Swati Thapa & Isha, 'Dying Declaration' (2018) 1 Int'l J.L. Mgmt. & Human. 129.
  18. Indian Evidence Act of 1872.
  19. 1939 41 BOMLR 428.
  20. Supra. Note 5.
  21. B Lakshmi Narayana, 'Recording of Dying Declarations' (2017) Workshop 25-26.
  22. The Indian Evidence Act, 1872., Section 13.
  23. The Indian Evidence Act, 1872., Section 157.
  24. Supra. Note 21.
  25. (1885)ILR 7ALL385.
  26. 2023 LiveLaw (SC) 961.
  27. Suraj Kumar, 'Examination Of Person Who Recorded Dying Declaration Essential: Supreme Court' (11 July 2023) http://www-livelaw-in./top-stories/supreme-court-guidelines-on-dying-declarations-and-eyewitness-testimonies-241838?infinitescroll=1.
  28. Supra. Note 6..
  29. Supra. Note 28.
  30. 2010 (9) SCC 64.
  31. Supra. Note 19.
  32. (2000)4GLR3277.
  33. (2002) 6 SCC 710.
  34. (1992) 2 SCC 474.
  35. (2000) 1 SCC 471.
  36. Id.
  37. Supp SCC 25, AIR 1982, and (1981) SCC (Cri).
  38. Supra. Note 7.
  39. 2022 SCC Online P&H 2591.
  40. The Code of Criminal Procedure, 1973.
  41. Kriti Kumar, 'Statement of rape victim cannot be treated as gospel truth to convict an accused; Punjab & Haryana High Court upholds order of acquittal by trial court' (10 July 2022) http://www-livelaw-in./statement-of-rape-victim-cannot-be-treated-as-gospel-truth-to-convict-an-accused-punjab-haryana-high-court-upholds-order-of-acquittal-by-trial-court..
  42. Id.

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