NDLI: Vijaya Vs. State Rep By The Inspector of Police

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence Act 1872 – ss. 32 157 – Code of Criminal Procedure – s. 164
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence Act, 1872 – ss. 32, 157 – Code of Criminal Procedure – s. 164 – Dying declaration – Victim survived – Statement u/s.164 Cr.P.C. – Prosecution case that appellant consumed a poisonous substance, which she also administered to her 10 months old daughter – They were taken to hospital – Appellant’s dying declaration was recorded – Appellant survived but her baby died – Appellant’s husband reported matter to the police, which led to registration of FIR u/ss. 302 and 309 IPC – Appellant’s husband (PW1) and her father-in-law (PW5), both turned hostile during the trial – Trial Court found the appellant guilty of the offences u/ss. 304(1) and 309 of the IPC – The appeal filed by the appellant against the conviction was dismissed by the High Court – The question arises for consideration before the Supreme Court, whether it is tenable to uphold the conviction of the appellant solely on the basis of her purported dying declaration which also appears to have been classified as a statement u/s. 164 of the Cr.P.C., considering that appellant has denied making any statement? – Held: The subsequent denial by the appellant of the statement attributed to her is of relevance – Appellant has attributed her initial statement, when she had regained consciousness in the hospital, to influencing from the police who allegedly convinced her that they would apprehend the individuals who had offered her daughter and her the tainted honey, and also recover the jewelry that these unidentified persons had stolen – However, she claimed that they asked her to remain silent about these details and simply convey that the two of them had consumed poisonous substance – This has an impact on the genuineness of the initial statement made by the appellant combined with the subsequent hostile turn taken by some witnesses (PW1 and PW5) – Also, guilt of the appellant not tallying easily with her continuing marriage to PW1 and her fostering of two children after death of her first born – This creates a reasonable doubt regarding appellant’s conviction – Further, there were issues of contention that, were not adequately addressed – The same benefits the appellant – Therefore, judgments of the trial Court and the High Court set aside.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2022 INSC 964
Petitioner	Vijaya
Respondent	State Rep By The Inspector Of Police
SCR	[2022] 7 S.C.R. 367
Judgement Date	2022-09-15
Case Number	1573

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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