How to appreciate dying declaration?
This Court in Atbir v. Government of NCT of Delhi (2010) 9 SCC 1 has summarized the principles laid down earlier, as under:
“(i) Dying declaration can be the sole basis of
conviction if it inspires the full confidence of the
court.
(ii) The court should be satisfied that the deceased
was in a fit state of mind at the time of making the
statement and that it was not the result of
tutoring, prompting or imagination.
(iii) Where the court is satisfied that the
declaration is true and voluntary, it can base its
conviction without any further corroboration.
(iv) It cannot be laid down as an absolute rule of
law that the dying declaration cannot form the sole
basis of conviction unless it is corroborated. The
rule requiring corroboration is merely a rule of
prudence.
(v) Where the dying declaration is suspicious, it
should not be acted upon without corroborative
evidence.
(vi) A dying declaration which suffers from
infirmity such as the deceased was unconscious
and could never make any statement cannot form
the basis of conviction.
(vii) Merely because a dying declaration does not
contain all the details as to the occurrence, it is
not to be rejected.
(viii) Even if it is a brief statement, it is not to be
discarded.
(ix) When the eyewitness affirms that the deceased
was not in a fit and conscious state to make the
dying declaration, medical opinion cannot prevail.
(x) If after careful scrutiny, the court is satisfied
that it is true and free from any effort to induce
the deceased to make a false statement and if it is
coherent and consistent, there shall be no legal
impediment to make it the basis of conviction,
even if there is no corroboration.”
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 951 OF 2007
STATE (GOVERNMENT OF NCT OF DELHI) …… APPELLANT
VERSUS
NITIN GUNWANT SHAH …… RESPONDENT
Citation; 2015CriLJ4759, 2015(4)Crimes51(SC), (2016)1SCC472,
Pinaki Chandra Ghose, J.
“(i) Dying declaration can be the sole basis of
conviction if it inspires the full confidence of the
court.
(ii) The court should be satisfied that the deceased
was in a fit state of mind at the time of making the
statement and that it was not the result of
tutoring, prompting or imagination.
(iii) Where the court is satisfied that the
declaration is true and voluntary, it can base its
conviction without any further corroboration.
(iv) It cannot be laid down as an absolute rule of
law that the dying declaration cannot form the sole
basis of conviction unless it is corroborated. The
rule requiring corroboration is merely a rule of
prudence.
(v) Where the dying declaration is suspicious, it
should not be acted upon without corroborative
evidence.
(vi) A dying declaration which suffers from
infirmity such as the deceased was unconscious
and could never make any statement cannot form
the basis of conviction.
(vii) Merely because a dying declaration does not
contain all the details as to the occurrence, it is
not to be rejected.
(viii) Even if it is a brief statement, it is not to be
discarded.
(ix) When the eyewitness affirms that the deceased
was not in a fit and conscious state to make the
dying declaration, medical opinion cannot prevail.
(x) If after careful scrutiny, the court is satisfied
that it is true and free from any effort to induce
the deceased to make a false statement and if it is
coherent and consistent, there shall be no legal
impediment to make it the basis of conviction,
even if there is no corroboration.”
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 951 OF 2007
STATE (GOVERNMENT OF NCT OF DELHI) …… APPELLANT
VERSUS
NITIN GUNWANT SHAH …… RESPONDENT
Citation; 2015CriLJ4759, 2015(4)Crimes51(SC), (2016)1SCC472,
Pinaki Chandra Ghose, J.
https://www.lawweb.in/2016/04/how-to-appreciate-dying-declaration.html
