Dying Declaration

Hello Arpit, the law of dying declaration is tricky. it depends on how it is challenged in court. and yes, material contradictions between dying declaration and medical report will give an inference of innocence in your favor. but there is no sure shot formula to say if it'll result into acquittal. for further information, message me on this app. regards

If the medical evidence proves that there is no rape and the dying declaration states that she was raped by the accused, the entire dying declaration can be discredited as false as such a statement itself cut the root of principles of acceptance of dying declaration as substantive evidence or primary evidence.

on behalf of dying declaration

challange the medical report

yes

If the dying declaration is recorded by the Magistrate and the statement is that it was a consensual sex, rape charges can be ruled out. But if the case is of homicide, but charge of murder shall remain.