DYING DECLARATION MUST BE SUBJECT TO CLOSE SCRUTINY BUT CAN BE RELIED UPON WITHOUT CORROBORATION: SUPREME COURT The Supreme Court last week held that a dying declaration should be subjected to close scrutiny by a court considering the same but once the court is satisfied that it is a truthful version as to the circumstances in which the death occurred, the law does not expect that there should be corroboration before it can be relied upon [Kamal Khudal v. State of Assam]. A Division Bench of Justices Surya Kant and JB Pardiwala was of view that whether oral or written must pass a test of reliability before it can be relied upon as it is a statement made in the absence of the accused and since there is no opportunity to the accused even to put it through the fire of cross examination to test its veracity. The team of expert working at Reddy and Reddy Law Firm with the positive approach towards field of law exclusively in Criminal Matters.
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