How to appreciate evidence when there are multiple dying dec


How to appreciate evidence when there are multiple dying declarations?

 
Before we proceed to scrutinize the evidence adduced by the
prosecution in support of its case, it will be useful to refer to the judgment
in the case of Suresh s/o Arjun Dodorkar (Sonar) Vs. State of Maharashtra
[2005 ALL MR (Cri) 1599] to which one of us (Shri P.V. Hardas, J.) was a
member, wherein while dealing with the issue of multiple dying

declarations, it has been held in para-9 that-
“in cases resting on multiple written dying declarations, the
Courts cannot pick and choose any one dying declaration. All
the dying declarations have to be consistent in respect of
material aspects of the incident. According to us, consistency is
expected in multiple dying declarations in respect of the names
and the number of accused, the prelude to the incident and the
incident itself.”
It has been further held that-
“If in the dying declaration the truthfulness of the narration itself
is rendered doubtful, no reliance whatsoever can be placed on
the dying declaration. Merely because the overt act attributed to
the accused is consistent in both the dying declarations would
not make the dying declarations a reliable piece of evidence. The
dying declaration has to pass all the tests of reliability as the
declarant is not available for cross-examination. In cases where
there are multiple dying declarations and acceptance of one
dying declaration falsifies the other, the dying declarations have
to be necessarily rejected.”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPEAL NO. 512 OF 2007
Shri Rajendra Madhukar Kadam,

Versus
The State of Maharashtra

 CORAM: P. V. HARDAS &
 A.S. GADKARI, JJ.

 March 19, 2014.
Citation; 2016 ALLMR(CRI)1022

http://www.lawweb.in/2016/04/how-to-appreciate-evidence-when-there.html

 
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