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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
| Table of Content |
|---|
| 1. circumstances leading to the case (Para 3 , 4 , 5) |
| 2. contentions regarding trial procedure and evidence quality (Para 8 , 9 , 10 , 11) |
| 3. significance of dying declaration in proving guilt (Para 18 , 21 , 22) |
| 4. limits of sentencing under juvenile justice act (Para 24 , 26 , 29) |
| 5. modification of trial judgment regarding sentencing (Para 32 , 33) |
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
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.
witnesses of both the sides (prosecution and the defence) sail on the same boat both have to be given same treatment at par to appraise on the touchstone of credibility and truthfulness which has not....
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
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