Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Absence of Receipts No Barrier to Justice: Madras High Court Orders Theft Complaint Referral Under Section 156(3) Cr.P.C Rajasthan High Court Emphasizes Rehabilitation, Grants Probation to 67-Year-Old Convicted of Kidnapping" P&H High Court Dismisses Contempt Petition Against Advocate Renuka Chopra: “A Frustrated Outburst Amid Systemic Challenges” Kerala High Court Criticizes Irregularities in Sabarimala Melsanthi Selection, Orders Compliance with Guidelines Non-Payment of Rent Does Not Constitute Criminal Breach of Trust: Calcutta High Court Administrative Orders Cannot Override Terminated Contracts: Rajasthan High Court Affirms in Landmark Decision Minimum Wage Claims Must Be Resolved by Designated Authorities Under the Minimum Wages Act, Not the Labour Court: Punjab and Haryana High Court Madras High Court Confirms Equal Coparcenary Rights for Daughters, Emphasizes Ancestral Property Rights Home Station Preferences Upheld in Transfer Case: Kerala High Court Overrules Tribunal on Teachers' Transfer Policy Failure to Formally Request Cross-Examination Does Not Invalidate Assessment Order: Calcutta High Court

"Doubts Surrounding Dying Declaration Lead to Acquittal in Dowry Death Case"

07 May 2024 8:19 AM

By: Admin


In a significant legal development, doubts surrounding a dying declaration have resulted in the acquittal of the accused in a dowry death case. The judgment, delivered by the Supreme Court of India, highlights the critical importance of establishing the voluntariness and reliability of such declarations in criminal cases.

The case in question, Criminal Appeal No. 396 of 2010, involved a tragic incident where the appellant was accused of setting his wife on fire. The conviction was primarily based on a dying declaration recorded by an Executive Magistrate. However, the Supreme Court raised concerns about the credibility of this declaration.

The Supreme Court noted, "The dying declaration was recorded by an Executive Magistrate on 8th November 1991, three days after the incident, and questions arise about its voluntariness, as there were suggestions of possible tutoring by the deceased's relatives."

Furthermore, the Court pointed out discrepancies in the timing of the medical examination and the statement recording, which cast doubt on the sequence of events. The lack of corroborating evidence further weakened the credibility of the dying declaration.

As a result of these concerns, the Court ruled that the conviction based on this dying declaration was not sustainable.

In addition to the issues with the dying declaration, the Court also found insufficiency of evidence to establish harassment due to non-fulfillment of dowry demands, a critical element in the case. The prosecution relied on the testimony of relatives of the deceased, but their evidence lacked specificity and concrete details regarding the alleged harassment.

The Court emphasized that vague allegations without substantial corroboration could not prove that the deceased was subjected to harassment related to dowry demands. Consequently, the prosecution failed to establish a case under Section 304-B of the Indian Penal Code.

In the final verdict, the Supreme Court acquitted the appellant of all charges and ordered the discharge of his bail bonds.

This judgment underscores the need for rigorous scrutiny of dying declarations and the importance of concrete evidence in criminal cases. It serves as a reminder that justice must be based on solid legal principles and the highest standards of proof.

 

 Date of Decision:  September 27, 2023

PHULEL SINGH vs STATE OF HARAYANA  

Similar News