New Delhi, March 27
The Supreme Court has said there can be "no rigid standard or yardstick" for acceptance or rejection of dying declaration, which alone can form the basis for conviction if it has been made voluntarily and inspires confidence.
The apex court observed that if there were contradictions that create doubts about the truthfulness of the dying declaration then the benefit of doubt should be given to the accused. A Bench of Justices Navin Sinha and Krishna Murari said this in its verdict while dismissing an appeal challenging the August 2011 judgment of the Delhi High Court upholding a trial court order acquitting two persons accused of subjecting a woman to cruelty and murdering her. "A dying declaration is admissible as evidence under Section 32 of the Indian Evidence Act, 1872. It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence," the SC said in its March 25 verdict. "If there are contradictions about its truthfulness, the benefit of doubt shall have to be given to the accused," it said. — PTI
from The Tribune https://ift.tt/3crW6MM
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