Dying Declaration -- Not Recorded by Judicial Magistrate Despite Opportunity -- Causes sent in prosecution case
(i) Indian Evidence Act, 1872, S.32 -- Dying Declaration -- Sole Basis of Conviction -- A dying declaration that is voluntary, truthful and reliable can by itself sustain a conviction, corroboration being a rule of prudence and not of law. Where the declaration is doubtful in authenticity or reliability, or is tainted by suspicion, it cannot be acted upon without corroboration and cannot form the sole basis of conviction. (ii) Indian Evidence Act, 1872, S.32 -- Dying Declaration -- Not Recorded by Judicial Magistrate Despite Opportunity -- Failure of the investigating agency to have a dying declaration recorded by a Judicial Magistrate, despite adequate opportunity to do so, weakens the prosecution case, particularly where the entire conviction rests on that declaration.
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