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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, MADAN PAL SINGH
Raees Ahmad @ Raesu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. The present Criminal Appeal has been filed against the judgment and order dated 19.2.2020 passed by the Additional Sessions Judge, Court No. 3, Bijnor, in S.T. No. 120 of 2017 (State vs. Raees Ahmad & another) arising out of Case Crime No. 976 of 2016, under Sections 302/34, 326A/34, 342 and 201 IPC, Police Station - Najibabad, District - Bijnor.
2. The case was initiated with the lodging of a First Information Report on 5.12.2016 at 14:50 hours. The first informant, namely, Ahmad Ali @ Nanhe had in the FIR stated that his Bhanji (sister's daughter) a few days earlier had fallen in love with a neighbour's son which was not liked by Rahisa the husband of the sister Fatima. Even though the case had resulted in a settlement, the husband of the sister of the first informant was very cross with his daughter and therefore, because of this incident, the first informant had brought his niece to his house at Kashipur where she stayed for around 4 months. In the FIR, it has been stated that on 4.12.2016 at 6:00PM Rahisa the husband of the sister of the first informant came to the house of the first informant and told him that some people were coming to see his daughter in connect
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.
Dying declarations can be the sole basis for conviction if credible, but inconsistencies and the circumstances of their recording can undermine their reliability.
A dying declaration must be made when the victim is in a fit mental state; mere consciousness is insufficient for reliability.
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.
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.
Dying declarations can be the basis for conviction if voluntary and reliable; inconsistencies can undermine their credibility, especially when the accused was not present during the incident.
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
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