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HIGH COURT OF GUJARAT
MR. JUSTICE PRANAV TRIVEDI, J
State of Gujarat – Appellant
Versus
Tejalben Rajendrabhai Motilal Jain – Respondent
JUDGMENT :
1. The present application is filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") challenging the legality and validity of the order dated 02.05.2022 passed below Exhibit '31' by the learned Principal District & Sessions Judge, Tapi at Vyara in Sessions Case No.12 of 2022.
2. It is the case of the prosecution that complainant, namely Rajendra Motilal Jain has registered his complaint on 20.05.2020 vide FIR No.11824004200563 of 2020 for the offences punishable under Sections 302 and 307 of the Indian Penal Code (hereinafter referred to as "the IPC"). Initially, the complaint pertained to Section 307 of the IPC. However, after span of a month of the incident, the victim passed away, which led to the addition of Section 302 of the IPC. During the investigation, the dying declaration of the victim was recorded by the Executive Magistrate on 20.05.2020. Subsequent to the investigation, the charge-sheet came to be filed on 20.08.2020, which resulted in the criminal case being Sessions Case No.12 of 2020 before the learned Principal District and Sessions Judge, Tapi at Vyara. During the course of trial, learne
Dying declarations are admissible as evidence and retain significant weight, even if there is a time lapse between the declaration and the victim's death.
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
Dying declarations can support conviction but must inspire confidence and be supported by corroborative evidence, especially in cases of reasonable doubt.
The court upheld the convictions based on the reliability of the dying declaration and corroborative evidence, affirming the principles governing the admissibility of such declarations.
A dying declaration must be recorded following specific procedural guidelines to be admissible; failure to comply undermines its reliability.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
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