Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dying declaration Circumstances of the transaction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law: Evidence Act, 1872: Section 32(/). Dying declaration- "Circumstances of the transaction "-Statement by deceased-Effect of-Deceased gave a statement to the police 11 days after the incident in which she alleged that she was raped by the accused-She committed suicide 5 1/2 months later-There was no evidence to suggest that the deceased had committed suicide due to the humiliation suffered by her on account of rape-Moreover, her statement did not suggest that a person under normal circumstance would commit suicide after a period of 5 1/2 months-Held: Statement of the deceased is admissible as to the cause of the death or the circumstances of the transaction which resulted in his death- It should be sufficiently or closely connected with the actual transaction- Prosecution should prove the making of the statement as a fact-If it is in writing the scribe must be produced and if it is verbal the person who heard the deceased making the statement must be examined-In the circumstances of the case, the statement does not constitute dying declaration. Penal Code, 1860: Sections 376/34 and 306/34.Rape and suicide-Accused persons allegedly raped a school teacher- Victim made a statement to the police 11 days after the incident in which she narrated the circumstances regarding the rape-Victim committed suicide allegedly due to humiliation on account of rape after 5 1/2 months-Held: Statement of the deceased is not dying declaration and inadmissible in evidence-Moreover, delay in lodging FIR, medical examination, non-examination of material witnesses and turning hostile of witnesses assume importance-As the prosecution failed to prove beyond all reasonable doubt the guilt of the accused. they are entitled to acquittal-Since the charge under S.376 is not proved suicide due to humiliation also not established-Hence, conviction under Ss. 306/34 not sustainable. Maxim: "Nemo moriturus praesumitur mentire"-Meaning and applicability of Words and Phrases: "Circumstances of the transaction"-Meaning of-In the context of S.32(1) of the Evidence Act, 1872. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2000 INSC 337 |
Petitioner | Sudhakar And Anr. |
Respondent | State Of Maharashtra |
SCR | [2000] Supp. (1) S.C.R. 507 |
Judgement Date | 2000-07-17 |
Case Number | 226 |
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