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1 - 8 of 8 (0.27 seconds)Section 354 in The Indian Penal Code, 1860 [Entire Act]
Laxman vs State Of Maharashtra on 27 August, 2002
As there was some differences of opinion regarding the necessity of Doctor's certificate in respect of dying declarations, the Constitutional Bench of the Apex Court in the case of LAXMAN v. STATE OF MAHARASHTRA AIR 2002 SCW 3479 clarified the position. Thus the law as it stands today is that there is no impediment to accept a dying declaration if the prosecution satisfies that the same was voluntary i.e., to say the untutored and the author was both physically and mentally fit to give such statement Keeping in mind these principles and guidelines, we have considered the case on hand.
Vahaji Ravaji Thakore vs State Of Gujarat on 20 May, 2003
14. The Hon'ble Supreme Court in the case of RAVAJI v. STATE 2004 Crl. L.J. 658 observed thus "it is the nature of and gravity of the crime but not the criminal which are germane for consideration of appropriate punishment. The Court will be failing in its duty if appropriate punishment is not awarded for a crime, which has been committed not only against individual victim but also against the society.
Section 32 in The Indian Evidence Act, 1872 [Entire Act]
Kushal Rao vs The State Of Bombay on 25 September, 1957
10. Since the entire case of prosecution revolves on the dying declaration and as it is the sole basis for the conviction of the accused, we have kept in our minds the principles behind acceptability of such dying declarations. The acceptance of dying declarations is based on well settled maxim "NEMO MORITURUS PRESEUMTOR MENTIRI. In short in simple language, a man will not die with a lie in his mouth. The general principle on which this species of evidence is admitted is that these are declarations made in extremity, when the person making it is at the point of death, and when hopes of this world is gone, when every motive to falsehood is silenced and the mind induced by the most powerful considerations to speak truth; a situation so solemn and so awful, is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in the Court of justice. The various guidelines laid down by the Hon'ble Supreme Court right from the case of KUSHAL RAO v. STA TE OF BOMBAY and .
Section 377 in The Code of Criminal Procedure, 1973 [Entire Act]
Jai Karan vs State Of (N.C.T. Delhi) on 27 September, 1999
All these decisions have been reconsidered and reiterated by the Apex Court once again in the case of JAI KARAN v. STATE OF DELHI 1999 SCC (Crl) 1385.
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