April 01, 2025 06:53 am (IST)
Follow us:
facebook-white sharing button
twitter-white sharing button
instagram-white sharing button
youtube-white sharing button
Fresh encounter breaks out in J&K's Kathua, security forces trap 3 terrorists | Pakistani advocacy group nominates Imran Khan for Nobel Peace Prize | 'Going to an address where I haven't lived for last 10 years is a waste of time': Kunal Kamra's dig at cops | India, US to jointly design nuclear power plants in India | 'Is Sanatan dharm dirty?': Suvendu Adhikari slams Mamata Banerjee's 'provocative speech' on Eid | Stay united: Mamata Banerjee's appeal to people on Eid as BJP aims Hindu vote consolidation | 'The city is dangerous': Indian origin techie claims to be shot twice near San Francisco hotel in US | Who is YouTuber Mridul Tiwari, the owner of Lamborghini that hit two pedestrians in Noida? | 'Lion does not hunt dogs': Ex-Uttarakhand CM Trivendra Singh Rawat's remark against Dalit IAS officer triggers row | President Murmu, PM Modi greet people on Eid-ul-Fitr
Supreme Court
Photo courtesy: Wikimedia Commons

Dying declarations can't always be basis for conviction: Supreme Court

| @indiablooms | Aug 26, 2023, at 04:21 am

New Delhi/IBNS: The Supreme Court Wednesday said that dying declarations of a murder victim cannot be the sole basis for conviction of the accused "in cases where suspicion... is raised as regards the correctness (of the statement)".

The apex court observed this while hearing the plea of a Uttar Pradesh man held guilty of the murder of three people in 2014 and sentenced to death.

Calling for "great caution" when relying on dying declarations, the court said that "a dying declaration ..., while carrying a presumption of being true, must be wholly reliable and inspire confidence" and if there is "any suspicion over (its) veracity... or evidence on record shows the dying declaration is not true", then "it will only be considered as a piece of evidence but cannot be the basis for conviction alone."

Dying declarations can also only be accepted if it was made while the murder victim was in a "fit mental state", which may not have been the case in the matter heard by the court.

The Supreme Court's observations came as a bench of Justices BR Gavai, JB Pardiwala, and Prashant Kumar Mishra heard a plea by Irfan, who has been in jail for the past eight years after having been found guilty for the murder of his son Islamuddin and two brothers Irshad and Naushad.

The lower court relied on the dying declarations to convict Irfan.

The sentence was upheld by the Allahabad High Cour in 2018, after finding no discrepancies.

The Supreme Court, however, said it was not satisfied that the prosecution had proven its case beyond reasonable doubt and ordered Irfan's release immediately. The court accepted senior Advocate Gopal Sankaranarayanan's argument that the declarations were made while the men were suffering from 80 percent burns, calling into question their 'mental condition'.

Support Our Journalism

We cannot do without you.. your contribution supports unbiased journalism

IBNS is not driven by any ism- not wokeism, not racism, not skewed secularism, not hyper right-wing or left liberal ideals, nor by any hardline religious beliefs or hyper nationalism. We want to serve you good old objective news, as they are. We do not judge or preach. We let people decide for themselves. We only try to present factual and well-sourced news.

Support objective journalism for a small contribution.
Close menu