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    Question

    Dying declaration was recorded by the Judicial

    Magistrate but the declarant survived. In this case______
    A Dying declaration is still admissible. Correct Answer Incorrect Answer
    B Dying declaration is admissible under s.32 of the IEA. Correct Answer Incorrect Answer
    C Dying declaration is admissible as corroborative evidence under s.157 of IEA. Correct Answer Incorrect Answer
    D Dying declaration is not admissible in such a case. Correct Answer Incorrect Answer

    Solution

    As per the facts of the case and ratio held in the case of-             Ram Prasad Vs. State of Maharashtra 1999. o   In this case, dying declaration was recorded by the Judicial Magistrate. But, the declarant survived. o   It was held that the statement/ declaration could not be used under Section. 32, but it could be used to corroborate his evidence under s.157 of the Evidence Act.

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