Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Rajendra v. Maharashtra, 2024
Just for explanation.
- It cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated;
- Each case must be determined on its own facts, keeping in view the circumstances in which the dying declaration was made;
- It cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence;
- A dying declaration stands on the same footing as another piece of evidence. It has to be judged in the light of surrounding circumstances and with reference to the principles governing weighing of evidence.
- A dying declaration which has been recorded by a competent Magistrate in the proper manner stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character.
- In order to TEST the RELIABILITY of a dying declaration, the court has to keep in view various circumstances including the condition of the person concerned to make such a statement; that it has been made at the earliest opportunity and was not the result of tutoring by interested parties
Court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring.
