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Dying declaration unreliable: SC acquits two

Posted by 498A_Crusader on January 24, 2008

The Supreme Court has acquitted two persons sentenced to life imprisonment for burning a man alive, observing that the victim’s ‘dying declaration’ was unreliable and the prosecution could not produce any evidence against them.

The apex court felt that barring the ‘dying declaration’ claimed to have been recorded by an assistant sub-inspector, the prosecution could not produce any evidence to prove the guilt of the accused.

According to the prosecution, on November 3 2002 accused Shaik Rafik and Fatim Bee doused Noor Miya Mohd Hussain with kerosene and set him ablaze following an altercation.

The prosecution alleged that Hussain was set ablaze at his house by the duo after he refused to allow his estranged daughter-in-law, Jaibunissa, to return to his house.

Hussain’s dying declaration was recorded by ASI Maroti on the basis of which a sessions court in Maharastra convicted the accused to life imprisonment and the Bombay High Court affirmed the conviction and sentence.

The accused appealed in the apex court on the ground that the conviction was unsustainable as there were no other evidence except the dying declaration purportedly recorded by the ASI, which they said was flawed on various counts.

Agreeing with the defence view, the court pointed out that the ASI had recorded the declaration despite the fact that the executive magistrate was available for recording the same. According to rules, a dying declaration has to be recorded by an executive magistrate or a judicial magistrate; and only in their absence by a police or medical officer.

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3 Responses to “Dying declaration unreliable: SC acquits two”

  1. anil said

    A great decision. Guys just tell me. In the Virginia Tech shooting case in USA. where a person shot down forty innocent people and then shot himself, would his dying declaration been rendered as authentic. The premise of dying declaration is the the person who is going to the maker will not lie, but in the virginia Tech case and in various other shootouts, where innocent people have been killed, and then the killer shoots himself or herself, can they final words be considered true.
    Or it may just be that a person who is commiting suicide wants to take revenge on somebody else at the time of commiting suicide

  2. Mushtaq said

    Laws are wrong and Indian laws have flaws.I remember that my wife whome i loved a lot told me that if i not give custody of my son to her sister after her death she will declare me as bad character. And she did same but i never drink or abused her and she wrote some papers like this.It means all are lies ,now which court can help me and how i can prove my innocence.

  3. Baba said

    It is absured that record should be made in presence of a judicial magistrate…. the court should accept declaration in-front of a police officer not below the rank of sub inspector if the actual voice is recorded or even court should accept if the dying declared made infront of any gazetted officer.

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