HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Soma, S/o Sh. Dungar – Appellant
Versus
State, Through Pp – Respondent
| Table of Content |
|---|
| 1. overview of the prosecution casing and initial facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments challenging the reliability of evidence. (Para 11 , 12 , 13 , 14) |
| 3. prosecution's stance on the dying declaration's credibility. (Para 16) |
| 4. testimonies from prosecution witnesses regarding evidence. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. testimonies from defense witnesses undermining prosecution. (Para 32 , 33 , 34 , 35 , 36) |
| 6. court's critical assessment of dying declaration evidentiary standards. (Para 37 , 38 , 41 , 42) |
| 7. conclusion of acquittal based on reasonable doubt. (Para 52 , 54 , 55 , 56) |
JUDGMENT :
VINIT KUMAR MATHUR, J.
1. The present Criminal Appeal has been filed under Section 374(2) Cr.P.C. by the accused–appellant Soma son of Shri Dungar, assailing the legality and validity of the judgment dated 06.06.2018 passed by learned Additional Sessions Judge, Salumber, District Udaipur (hereinafter referred to as ‘learned trial Court), in Sessions Case No. 122/2015 (State v. Soma), whereby the accused–appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo li
The reliability of a dying declaration is critical for conviction; procedural lapses and contradictions can lead to acquittal when benefits of doubt favor the accused.
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.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
The admissibility and reliability of dying declarations as a sole basis for conviction, as established by various Supreme Court cases.
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 reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
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