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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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