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Statement: A court can convict an accused solely on the basis of a dying declaration but such a declaration should be free from any doubt and the victim making the statement should be mentally fit – issued by supreme court.
Assumptions:
I. One who is not mentally fit always makes statement untrustworthy in nature.
II. Declaration made by the dying person is likely to be true.
III. It is possible to distinguish whether a declaration is doubtful or not.
Only I is implicit
Both I and II are implicit
Both II and III are implicit
Only III is implicit
Answer & Explanation Answer – Both II and III are implicit Explanation: Assumption I: Statement I is not implicit as it is not mentioned in the statement that persons who are not mentally fit makes untrustworthy statements Assumption II: Statement II is implicit because court can convict only if the declaration made by the dying person is true. Assumption III: Statement III is also implicit as declaration made by the person should be distinguishable that declaration is doubtful or not.
By: Manpreet kaur ProfileResourcesReport error
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