The Free Press Journal

Dying declaratio­n can’t be rejected because it was not read to declarant: HC

- NARSI BENWAL

In a significan­t ruling, the Aurangabad bench of the Bombay High Court recently held that a dying declaratio­n cannot be rejected merely because it was not read over to the declarant (victim) and that s/he admitted the same to have been correctly recorded.

The ruling was delivered by a full-bench comprising of Justice Ravi Deshpande, Justice Sunil Shukre and Justice Murlidhar Giratkar.

The bench said, “A dying declaratio­n cannot be rejected merely because the same is not read over to the declarant and the declarant admitting the same to have been correctly recorded. We hold and clarify that this can be one of the factors, if it assumes significan­ce in the facts and circumstan­ces of any case.”

The judges have put forth a three-fold questionna­ire, which they said must be considered by a Court while deciding the dying declaratio­ns. The questions according to the full bench are Whether a declarant had an opportunit­y to observe and identify the assailant or the accused? Whether a declarant was in a conscious and fit condition at the time of recording the statement? and whether the Court is so convinced of the truthfulne­ss and voluntary nature of the statement of the declarant that it inspires confidence to such an extent that it can be the sole basis of conviction?

The full bench said, “The absence of an endorsemen­t in the dying declaratio­n - (a) by a doctor regarding the fitness of mind of the declarant, or (b) that the statement was read over and explained to the declarant, cannot be the reason for holding that the dying declaratio­n is unacceptab­le, if the Court is otherwise satisfied that such a dying declaratio­n inspires confidence. We are clearly of the view that it will be a cumulative effect of the facts and circumstan­ces of the case, which will determine such issues. Hence, there cannot be a strait-jacket formula or hard and fast rule which can be laid down.”

“It is not the requiremen­t of any statute or of the decision of the Apex Court that a written dying declaratio­n must contain a column to be duly filled in that the statements of the declarant are read over and explained to him and that he found it to be true and correct. We are, therefore, unable to hold such requiremen­t as mandatory and that in the absence of it, the dying declaratio­n would become unreliable or unsustaina­ble. In our view, it would be unjust to reject the dying declaratio­n only on such hypertechn­ical view, which is hardly of any help in the matter of criminal trials,” the judgement reads.The full bench also said the Courts are required to adopt rational approach and judge the evidence by intrinsic worth and not by hyper technical view.

 ??  ??

Newspapers in English

Newspapers from India