Search Results Page
Search Results
1 - 10 of 29 (0.37 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 174 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Uttar Pradesh vs Ram Sagar Yadav And Ors. on 22 January, 1985
(ii) If the Court is satisfied that the dying declaration is true and
voluntary it can base conviction on it, without corroboration.
(See State of U.P. v. Ram Sagar Yadav [(1985) 1 SCC 552 :
J. Ramulu vs State Of Andhra Pradesh on 26 February, 2008
In 2009 16 SCC 432 (J.Ramulu Vs. State of AP), when the close
relatives have not supported the prosecution and when the doctor who had
certified the dying declaration had not been examined creating a suspicion
regarding the correctness of the dying declaration, the Honourable Supreme
Court has held that it is unsafe to convict the accused. Further, it was held that
suspicion is no substitute to proof.
Kushal Rao vs The State Of Bombay on 25 September, 1957
“13. It is well settled that, as a matter of law, a dying declaration
can be acted upon without corroboration. (See Khushal Rao v.
State of Bombay [AIR 1958 SC 22 : 1958 Cri LJ 106 : 1958
SCR 552] , Harbans Singh v. State of Punjab [AIR 1962 SC
439 : (1962) 1 Cri LJ 479 : 1962 Supp (1) SCR 104] ,
Gopalsingh v. State of M.P. [(1972) 3 SCC 268 : 1972 SCC
(Cri) 513] ) There is not even a rule of prudence which has
hardened into a rule of law that a dying declaration cannot be
acted upon unless it is corroborated. The primary effort of the
court has to be to find out whether the dying declaration is true.
Bapu vs State Of Maharashtra on 16 November, 2006
In Bapu v. State of Maharashtra [(2006) 12 SCC 73 : (2007)
2 SCC (Cri) 545] , this Court in paras 14 and 15 observed as
under: (SCC pp. 77-79)
“14.
Chandradevi, Kamalanantha, Balan @ ... vs State Of Tamil Nadu By Inspector Of ... on 12 December, 2002
In Ravi v. State of T.N. [(2004) 10 SCC 776 : 2005 SCC
(Cri) 576] the Supreme Court observed that: (SCC p. 777,
para 3)
‘[I]f the truthfulness … of the dying declaration cannot be
doubted, the same alone can form the basis of conviction of an
accused and the same does not require any corroboration,
whatsoever, in law.’
Muthu Kutty And Anr vs State By Inspector Of Police, Tamil Nadu on 19 November, 2004
In Muthu Kutty v. State [(2005) 9 SCC 113 : 2005 SCC (Cri)
1202] vide para 15 the Supreme Court observed as under: