Back
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJESH SINGH CHAUHAN, PRAMOD KUMAR SRIVASTAVA
Kumari Janki (Name Changed) – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Kumar Srivastava, J.
1. Heard, Shri Arvind Saroj, Advocate holding brief of Shri Dinesh Kumar, learned counsel for the appellant and Shri Anirudh Kumar Singh, learned AGA for the State.
2. The instant appeal has been preferred against the impugned judgment and order dated 01.08.2023 passed by the learned Special Judge, Court No. 44, Barabanki, in Criminal Trial No. 51 of 2018 (State Vs. Kumari Janki), arising out of Case Crime No. 0118 of 2017, under Sections 302 and 120B IPC, Police Station Haidargarh, District Barabanki, whereby the learned Trial Court convicted the accused appellant for the offence under Section 302 IPC and awarded the sentence of 10 years imprisonment with a fine of Rs.5,000/-, and under Section 120B IPC for 25,000/-, and under Section 120B IPC for 2 years imprisonment.
Factual Matrix
3. The facts giving rise to this case are that the complainant's daughter, Chamela, was married to Udai Raj approximately 20 years ago. However, Udai Raj kept a mistress named Kumari Janki ( Name Changed). It is averred that Udai Raj, along with his mistress Kumari Janki (Name Changed), and others named Rameshwar and Bahadur, were pressuring Bhawani Prasad, the deceased's fa
Juveniles must not face imprisonment beyond three years for heinous crimes, as established by the Juvenile Justice Act, despite conviction under IPC.
The admissibility and reliability of dying declarations, the need for caution in evaluating such evidence, and the determination of juvenile status in criminal cases.
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
A dying declaration recorded from a surviving individual cannot be treated as substantive evidence for conviction; it may only be used to corroborate testimony.
Dowry Death - Dying declaration - Conviction can be based on dying declaration alone without corroboration if the court finds the dying declaration trust-worthy and genuine.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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
