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Conviction Solely on Dying Declaration

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 07-Mar-2024

Source: Supreme Court

Why in News?

Recently, a division bench of Justices B R Gavai and Sandeep Mehta convicted an accused solely on the basis of a dying declaration.

  • The Supreme Court gave observation in the case of Naeem v. State of Uttar Pradesh.

What was the Background of Naeem v. State of Uttar Pradesh Case?

  • Incident occurred on 1st December 2016, where Shahin Parveen was admitted to the District Hospital, Moradabad, with severe burns.
  • She alleged that she was set ablaze by the accused/appellants who were pressuring her into immoral activities, it was considered her dying declaration.
    • The accused/appellants included Pappi @ Mashkoor, Naeema, and Naeem, who were her brother-in-law, sister-in-law, and her brother-in-law's brother respectively.
  • The prosecution contended that the accused pressured her into immoral activities after her husband's death and assaulted her when she refused.
  • Shahin Parveen's dying declaration accused Pappi @ Mashkoor of setting her ablaze over a property dispute.
  • The trial court found the accused guilty based on the declaration of dying and sentenced them to life imprisonment.
  • The High Court upheld the trial court's decision, prompting the appellants to appeal to the Supreme Court.

What were the Court’s Observation?

  • The Supreme Court referred to its opinion in landmark judgment of Atbir v. Government of NCT of Delhi (2010) where it said that conviction can be solely based on dying declaration.
  • The Supreme Court scrutinized the dying declaration and found it credible, leading to the conviction of Pappi @ Mashkoor.
  • However, the Court acquitted Naeema and Naeem due to insufficient evidence linking them directly to the crime.
  • The Court emphasized the importance of a fit state of mind of the victim during the dying declaration and the absence of coercion or tutoring.

What were the Guidelines of Supreme Court in Atbir v. Government of NCT of Delhi (2010)?

    • Full Confidence of Court:
      • Dying declaration can be the sole basis of conviction if it inspires the full confidence of the court.
    • Deceased’s Fit State of Mind:
      • 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.
    • True and Voluntary Declaration:
      • The declaration is true and voluntary, it can base its conviction without any further corroboration.
    • No Absolute Rule of Corroboration:
      • 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.
      • Where the dying declaration is suspicious, it should not be acted upon without corroborative evidence.
    • When Dying Declaration Cannot Solely Convict:
      • 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.
    • No Rejection on Absence of All Details:
      • Merely because a dying declaration does not contain all the details as to the occurrence, it is not to be rejected.
      • Even if it is a brief statement, it is not to be discarded.
    • Role of Eyewitness:
      • When the eyewitness affirms that the deceased was not in a fit and conscious state to make the dying declaration, medical opinion cannot prevail.
    • Dying Declaration can Solely Lead Convict:
      • 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.

What is the New and Old Criminal Law on Dying Declaration?

Legislation Indian Evidence Act, 1872 (IEA) Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Section Section 32 (1) of IEA Section 26 (a) of BSA
No Change in Provision Section 32 (1) of IEA states that statements, written or verbal, made by a deceased regarding the cause of their death or related circumstances are relevant in cases questioning the cause of death, regardless of the person's expectations or the nature of the proceeding. Section 26 (a) states that statements, whether written or verbal, made by a deceased person regarding the cause of their death or circumstances leading to it are admissible as evidence, regardless of the person's expectation of death or the nature of the proceedings.