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Home Criminal

Dying declaration – Court has clarified that a dying declaration can be acted upon without any other corroboration

by PLRonline
July 21, 2022
in Criminal
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Court has clarified that a dying declaration can be acted upon without any other corroboration and observed as below :

“16. Now, on the aspect, whether in the absence of any corroborative evidence, there can be a conviction relying upon the dying declaration only is concerned, the decision of this Court in Munnu Raja, (1976) 3 SCC 104, and the subsequent decision in Paniben v. State of Gujarat, (1992) 2 SCC 474, are required to be referred to. In the aforesaid decisions, it is specifically observed and held that there is neither a rule of law nor of prudence to the effect that a dying declaration cannot be acted upon without a corroboration. It is observed and held that if the Court is satisfied that the dying declaration is true and voluntary it can base its conviction on it, without corroboration. Similar view has also been expressed in State of U.P. v. Ram Sagar Yadav, (1985) 1 SCC 552 and Ramawati Devi v. State of Bihar, (1983) 1 SCC 211. Therefore, there can be a conviction solely based upon the dying declaration without corroboration.”

State of Uttar Pradesh v. Veerpal and Another, (2022) 4 SCC 741

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