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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
Jakir Hussain s/o Shri Abdul Karee @ Babu Khan, r/o Shramikpura, Masuriya, Jodhpur – Appellant
Versus
State of Rajasthan – Respondent
Judgment :
Dr. Pushpendra Singh Bhati, J.
1. The instant criminal appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellant against the judgment of conviction and order of sentence dated 03.09.2013 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Jodhpur Metropolitan in Sessions Case No.22/2013 (State of Rajasthan Vs. Jakir Hussain), whereby the accused-appellant has been convicted and sentenced as under:
| Conviction u/s. | Sentence & Fine | In Default of payment of fine further undergo |
| 498-A of I.P.C. | One Year’s R.I., alongwith Fine of Rs.1000/- | One month’s additional imprisonment |
| 302 of I.P.C. | Life Imprisonment alongwith Fine of Rs.10,000/- | One Year’s additional imprisonment |
2. The matter pertains to an incident which had occurred in the year 2012 and the present appeal has been pending since the year 2013.
3. Brief facts of this case, as placed before this Court are that one Liyakat (complainant) alongwith his younger brother Maqbool Ali submitted a written report (Ex.P-5) on 08.02.2012, at around 12:30 p.m., before the Police Station, Pratap Nagar, Jodhpur, stating therein that his sister, Aasfa had been married for 22 years and was living in her mat
The Court emphasized the necessity for strict adherence to procedural norms for dying declarations, highlighting that lack of corroborative evidence and questioning health conditions of the victim un....
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 evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
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.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
A dying declaration must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
A dying declaration can only serve as a basis for conviction if it is proven to be reliable and made in a fit mental state; otherwise, it cannot sustain a conviction.
A dying declaration is only valid if the victim was in a fit mental state to give it, which wasn't established; thus, conviction based solely on it is unsafe.
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