Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 989

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, K.K. RAMAKRISHNAN, JJ.
M. Vigneshwaran – Appellant
Versus
The State rep by its, The Inspector of Police, Sivakasi Town Police Station, Virdhunagar District. (In Crime No.66 of 2021) – Respondent
Crl.A.(MD).No. 698 of 2023
Decided On : 01-06-2026

Advocates Appeared:
For the Appellant : Mr. Gopalakrishna Laxmana Raju, Senior Counsel assisted by Mr. S.G.L. Rishwanta
For the Respondent: Mr. A. Thiruvadikumar, Additional Public Prosecutor

A dying declaration is admissible without medical certification if the recording officer is personally satisfied with the declarant's mental fitness. Additionally, the production of an original electronic device as primary evidence renders supplementary statutory certificates for secondary evidence unnecessary for its admissibility.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Sections 5 and 6 - Indian Penal Code - Section 363 - Indian Evidence Act - Section 32(1) - Criminal Appeal - Conviction and sentence for penetrative sexual assault and abetment of suicide - Reliability of dying declaration. (Paras 2.5, 7, 7.3)

(B) Dying Declaration - Evidentiary value - A statement made by a person as to the cause of death is admissible under Section 32(1) of the Evidence Act - A declaration recorded by a judicial officer stands on a higher footing - Absence of a certificate of mental fitness from a medical officer is not a ground to reject the declaration if the person recording it is satisfied about the declarant's mental fitness. (Paras 7.3, 17, 20, 24)

(C) Electronic Evidence - Certificate requirement - When the original electronic device itself is produced and forms primary evidence, the requirement for a separate certificate for admissibility may not arise. (Paras 37, 38)

Facts of the case:
The victim was subjected to sexual assault and intimidation by the accused, who recorded and circulated the act. Unable to bear the harassment, the victim attempted self-immolation and succumbed to her injuries. A dying declaration was recorded by a judicial officer in the presence of a doctor, alongside a statement recorded by police. The trial court convicted the accused under relevant provisions, and the accused filed the present appeal challenging the conviction and the admissibility of the dying declaration and electronic evidence.

Findings of Court:
The court held that the dying declaration was voluntary and truthful. The mere extent of physical injuries, including extensive burns, does not invalidate a dying declaration if the declarant is found to be in a fit mental state at the time of the recording. Furthermore, the court determined that the trial court's rejection of electronic evidence for want of a specific secondary evidence certificate was erroneous, as the original device had been produced and marked.

Issues: The main issues were the reliability and admissibility of the dying declaration of a victim with extensive injuries, the necessity of a medical certificate for the same, and the requirement of secondary evidence certificates for the original electronic device seized during the investigation.

Ratio Decidendi: A dying declaration is admissible if it inspires confidence and is found to be voluntary; a judicial officer's satisfaction regarding the declarant's mental fitness suffices, even without a formal medical certificate. Electronic evidence is admissible without a specific statutory certificate when the original device is produced as primary evidence, as it falls outside the necessity for supplementary authentication.

Result: Appeal dismissed; conviction and sentence confirmed.

Table of Content
1. factual trajectory of the prosecution's case and procedural history. (Para 1 , 2 , 8 , 9 , 10 , 11)
2. core contentions regarding the reliability of the dying declaration and registration. (Para 3 , 4 , 16 , 29 , 30)
3. final determination of guilt and proportionality of sentencing, concluding the appeal. (Para 5 , 6 , 39 , 40 , 41)
4. principles governing the admissibility and weight of dying declarations. (Para 7 , 17 , 18 , 19 , 20 , 25 , 26)
5. application of evidentiary standards to the specific dying declarations in evidence. (Para 12 , 13 , 14 , 15 , 21 , 22 , 23 , 24 , 27 , 28 , 31 , 32 , 33)
6. application of statutory presumptions under the pocso act. (Para 34 , 35)
7. admissibility of original electronic evidence without section 65b certification. (Para 36 , 37 , 38)

JUDGMENT :

1.The sole accused appellant in Spl.S.C.No.23 of 2021 on the file of the Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Srivilliputhur, dated 27.03.2023 has filed this appeal, challenging the conviction and sentence imposed against him on 27.03.2023 wherein, he was convicted as follows:

2. The brief facts of the case: The sole accused in Special Sessions Case No. 23 of 2021, on the file of the learned Special Judge for Exclusive Trial of Cases under the POCSO Act, Srivilliputhur, Virudhunagar District, has preferred the present appeal challenging the conviction and sentence imposed by judgment dated 27.03.2023.

2.1.The prosecution case, in brief, is that the victim girl, aged about 17 years at the relevant time, developed friendship with the accused through mobile communication. It is alleged that the accused lured her to a secluded place and committed penetrative sexual assault. During the occurrence, the accused clandestinely recorded the act without the knowledge or consent of the victim and subsequently transmitted the same to her, and also criminally intimidated her, Unable to bear the alleged acts and threats, the victim girl attempted self-immolation, sustaining severe burn injuries. Upon admission in the hospital, intimation was sent both to the jurisdictional police and to the Judicial Magistrate for recording her statement. At about 3:45 p.m., the Judicial Magistrate commenced recording the dying declaration of the victim. Prior thereto, the Sub-Inspector of Police, attached to the jurisdictional police station, who had received the intimation from the hospital, recorded her statement. After completion of the Magistrate’s dying declaration, the Sub-Inspector returned to the police station and registered a case in Crime No.66 of 2021.

2.2.The investigation was thereafter taken up by the Inspector of Police, who visited the scene of occurrence, prepared the observation mahazar and rough sketch, and examined witnesses. At about 7:45 p.m., upon receipt of intimation regarding the death of the victim, the offence was altered to graver charges. Subsequently, the accused was arrested on 06.02.2021. Pursuant to his voluntary confession, a mobile phone was recovered, and the place of occurrence was identified in the presence of the Village Administrative Officer.

2.3.The Investigating Officer completed the investigation by collecting medical records, forensic reports relating to the mobile devices, and opinion regarding the potency of the accused, and thereafter filed the final report before the Special Court.

2.4.The learned trial Court, after complying with the requirement under Section 207 Cr.P.C., framed charges against the accused. The accused pleaded not guilty and claimed trial. The prosecution examined PWs 1 to 13, marked Exhibits P1 to P23, and produced Material Objects 1 to 6. Court Exhibits C1 and C2 were also marked. The accused was examined under Section 313 Cr.P.C., wherein he denied the incriminating circumstances. No evidence was adduced on the defence side.

2.5.Upon appreciation of the evidence, the trial Court convicted the accused for offences under Sections 5 and 6 of the Protection of Ch