Criminal lawyer: Dying declaration can be sole basis for convicting the accused.

Supreme Court of India

Justice Mohan M Shantanagoudar

The SC has acquitted the accused by setting aside the order of the High Court as in the case titled as "Poonam Bai versus State of Chhattisgarh", the Naib Tehsildar did not satisfy himself about the fitness of the victim to make a statement. It was further held that no verification or certification of the doctor regarding the fitness was obtained, before recording the dying declaration. Also the original dying declaration was never produced before the trial court

It was held that the dying declaration can be the sole basis for convicting the accused. However, such a dying declaration should be trustworthy, voluntary, blemishless and reliable. Dying declaration should inspire full confidence of the court to be sole basis for convicting the accused. Lastly, it was held that as the evidence is very shaky in the present case, and dying declaration is very weak piece of evidence. The High Court judgement convicting the accused was set aside, and the judgement of trial court reinstated that was of acquittal.