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Supreme Court noted that by its order dated 30-06-2016, the sentence was suspended, and bail was granted to the convict, as he had already undergone about nine years of sentence.
The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.
Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.
Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.
“It is just not enough for the court to say that the dying declaration is reliable, as the accused is named in the dying declaration as the assailant.”
With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.
Bombay High Court clarified that the instant case was one based on dying declaration which may solely be made the basis of conviction after qualifying the test of truthfulness, voluntariness and free from suspicion and doubt.
Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.
Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment
The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.
Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the
Allahabad High Court: While dismissing the bail application in case registered under Section 302, 120-B Penal Code, 1860, Sameer Jain, J. held
TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?
Bombay High Court: While addressing a matter with regard to a husband setting ablaze his wife, the Division Bench of Sadhana S.
Delhi High Court: While upholding the decision of Trial Court, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., reiterated that dying
Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick
Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for
Allahabad High Court: The Division Bench of B. Amit Sthalekar and Shekhar Kumar Yadav, JJ., held that dying declaration can be acted upon