the mind is induced by the most powerful consideration to
speak the truth; a situation so solemn, and so awful, is
considered by the law as creating obligation equal to that
which is imposed by a positive oath administered in a Court of
Justice. (b) But a difficulty also arises with respect to these
declarations; for it has not appeared and it seems impossible
to find out, whether the deceased herself apprehended that she
was in such a state of morality as would inevitably oblige her
soon to answer before her Maker for the truth or falsehood of
her assertions. …. Declarations so made are certainly entitled
to credit; they ought therefore to be received in evidence: but
the degree of credit to which they are entitled must always be
a matter for the sober consideration of the Jury, under all the
circumstances of the case."
(Emphasis supplied)
50.
Interestingly, the last observation of Judge Eyre showcases, even at
the inception of this principle, that the Courts were wary of the inherent
weakness of dying declarations and cautioned for great care to be adopted.
51.
It is significant to note the observations made by Taylor that "Though
these declarations, when deliberately made under a solemn sense of
impending death, and concerning circumstances wherein the deceased is
not likely to be mistaken, are entitled to great weight, if precisely identified,
it should always be recollected that the accused has not the power of cross
examination, a power quite as essential to the eliciting of the truth as the
obligation of an oath can be, and that, where a witness has not a deep
sense of accountability to his Maker, feelings of anger or revenge, or, in
the case of mutual conflict, the natural desire of screening his own
misconduct, may effect the accuracy of his statements and give a false
colouring to the whole transaction. …". [See: Taylor on “Treatise on the
Law of Evidence”, 1931, 12th Edition Pg. 462]
25
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