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DEBANGSU BASAK, BIBHAS RANJAN DE
State – Appellant
Versus
Tarak Sikdar – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. This appeal is directed against the judgement and order of acquittal passed by the learned Additional District Judge, North And Middle Andaman, Mayabunder in connection with Sessions Trial No. 07 of 2018 (Sessions Case No. 62 of 2017) dated 21.07.2022 whereby learned Judge found all three appellant not guilty for committing any offence punishable under Section 498 (A)/306/302/ of Indian Penal Code. All of them were acquitted and discharged from their respective bail bonds.
2. Law was put into motion by one Shri Ranjan Roy who lodged a written complaint before Mayabunder Police Station alleging, inter alia, that his elder daughter was married to Tarak Sikdar (respondent No. 1 herein) at Billiground in his house in the month of March, 2013. After marriage his daughter went to her matrimonial house and started living with her husband and out of wedlock she gave birth to a female child who was aged about two years. After marriage his daughter was subjected to physical torture by her husband and his daughter was also compelled to sleep in a separate room. She was also forced to work in the hotel owned by her in laws at Mayabunder.
3. It was further alle
The main legal point established is the requirement for consistent and voluntary dying declarations, and the need for corroborative evidence when inconsistencies exist.
Weight and utility of a dying declaration depend upon surrounding circumstances and credibility which court attaches to it, having regard to evidence led before it.
The main legal point established in the judgment is the admissibility and reliability of dying declarations, emphasizing the need for voluntariness, truthfulness, and corroboration, and the importanc....
Dying declarations can serve as the sole basis for conviction if they are proven to be reliable, but lack of corroboration or inconsistencies can lead to acquittal.
The court reiterated the principles governing the admissibility and evidentiary value of dying declarations, emphasizing the need for careful scrutiny to ensure their genuineness and reliability.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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