Back
MOHD. AKRAM CHOWDHARY
State of J. &K. – Appellant
Versus
Surinder Kumar – Respondent
| Table of Content |
|---|
| 1. acquittal of accused after trial. (Para 1 , 2 , 3 , 5 , 6) |
| 2. prosecution relies on dying declaration. (Para 7 , 8) |
| 3. credibility of dying declaration questioned. (Para 9 , 10 , 12 , 13) |
| 4. contradictions undermine prosecution's case. (Para 14 , 15 , 16) |
| 5. prosecution failed to meet burden of proof. (Para 19 , 20 , 21) |
| 6. appeal dismissed; acquittal upheld. (Para 22 , 23) |
JUDGMENT :
(Mohd. Akram Chowdhary, J.) :
1. The State is in appeal against the judgment of acquittal dated 20.03.2007 passed by the learned Sessions Judge, Poonch [“the trial court”] in Sessions Case No. 15/Session titled 'State of J&K v. Surinder Kumar', whereby respondent as an accused was acquitted of the charge for the commission of offences punishable under sections 376/306 RPC arising out of FIR No. 40/2000 registered at Police Station, Poonch.
2. Before adverting to the grounds of challenge urged by Mr. Adarsh Bhagat, GA to find fault with the judgment impugned, a brief reference to the prosecution case, as was set up before the trial court, would be worthwhile to narrate.
FIR No. 40/2000 for commission of offences under sections 376/309/34 RPC came to be registered at Police Station Poonch, on
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
(1) Murder – Where judgment of acquittal is found to be manifestly erroneous, perverse, or founded on a misreading of evidence or incorrect application of law, Supreme Court would be justified to set....
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.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
