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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Praveen Kumar Giri
Ashraf – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appellant's absence and uncertainty of his status. (Para 1 , 2 , 3 , 5 , 6) |
| 2. court's discretion in appointing amicus curiae. (Para 4 , 25) |
| 3. court's directives regarding bail bonds and sureties. (Para 7) |
| 4. details of the incident and medical examination. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. trial court proceedings and evidence presented. (Para 19 , 20 , 21 , 22 , 23) |
| 6. defense arguments against conviction. (Para 24 , 26 , 27 , 28 , 29 , 30) |
| 7. assessment of the dying declaration's validity. (Para 31 , 32 , 33 , 34) |
| 8. legal precedents regarding dying declarations. (Para 35 , 36 , 37 , 38) |
| 9. court's evaluation of evidence and investigation. (Para 39 , 40 , 41 , 42 , 43) |
| 10. final judgment and confirmation of conviction. (Para 46 , 47) |
| 11. orders for custody and compliance reporting. (Para 48 , 49 , 50 , 51) |
JUDGMENT :
1. List revised. No one is present to press the appeal on behalf of the appellant.
2. Sole appellant, Ashraf, son of Abdul Ghaffar, is being reported to have died as back as in the year 2018 and Amicus Curiae was appointed. After perusal of the entire order-sheet, on 19.3.2025 following order was passed :
“1. List revised.
2. No one is present to press th
A dying declaration can serve as the sole basis for conviction if deemed credible, regardless of the absence of the accused or challenges to witness reliability.
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, while admissible as evidence, must be directly articulated by the victim and free from external influence; its absence risks a conviction based on unreliable testimony.
The court can decide an appeal on merits despite the absence of the appellant or counsel, and a statement recorded under Section 161 Cr.P.C. can be treated as a dying declaration post-death.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
The court established that a dying declaration, when properly recorded and corroborated, is admissible and sufficient for conviction, despite procedural concerns regarding its recording.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
Dying declarations can serve as the sole basis for conviction if found credible, with no strict requirement for corroboration.
The court ruled that a dying declaration must be credible and recorded under proper conditions; discrepancies and lack of corroborative evidence led to the acquittal of the appellant.
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