dying declaration being not recorded
in question-answer form or without obtaining 'fitness' from the doctor, it
can form sole basis
dying declaration corroborated through any other evidence. The
question that would emerge is that whether the dying declaration can
be relied upon for basing conviction ... credibility of such a dying declaration.
In this judgment the accused was convicted on the basis of
oral dying declaration of deceased made before four
corroboration to the dying declaration. It was held that it is
well-settled that, as a matter of law, a dying declaration can be acted ... surrounding the dying declaration are not clear or convincing that the
Court may, for its assurance, look for corroboration to the dying
declaration
recorded the dying
declaration of the victim woman. The English rendering of
which is reproduced below in extenso:
"DYING DECLARATION Time ... such dying declaration is satisfied that the declarant is in a fit
mental condition to make a dying declaration then such
dying declaration will
implicating
the present applicant.
In the considered opinion of this Court,
sole dying declaration can result into
conviction, if court finds it genuine and
satisfactory
analysis of the above decisions clearly shows
that:
(i) Dying declaration can be the sole basis of conviction
if it inspires the full confidence ... down as an absolute rule of law that
the dying declaration cannot form the sole basis of
conviction unless it is corroborated. The rule requiring
brought within the four corners of the concept
of dying declaration, which formed the sole basis ultimately for the
Court to convict the accused, which ... down as an absolute rule of law that a dying
declaration cannot form the sole basis of conviction unless it is
corroborated; (2) that each
conscious and fit to make statement,
the dying declaration was trustworthy and
reliable and can be sole basis for conviction
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of accused for offence ... Even otherwise, as discussed supra conviction can
be based upon solely on the dying declaration of the victim.
43. With regard to the offence under
deviate from the well settled proposition that
a dying declaration can be the sole basis for conviction.
8. A ground has been raised in this ... down as an absolute rule of law that a dying
declaration cannot form the sole basis of conviction unless it is
corroborated; (2) that each
dying declaration:-
"22. The analysis of the above decisions clearly shows
that:
(i) Dying declaration can be the sole basis of
conviction ... Where the dying declaration is suspicious, it
should not be acted upon without corroborative
evidence.
(vi) A dying declaration which suffers from infirmity
such