Authentic dying declaration can be sole basis for conviction of accused, says SC

AN authentic dying declaration that inspires the confidence of the court can be relied upon and be the sole basis for the conviction of an accused without any corroboration, the Supreme Court has said.

-  SUCHITRA KALYAN MOHANTY

The top court made this observation on May 15 while upholding the conviction of an ex-army personnel for murdering his wife, a police constable, in Maharashtra's Beed district 22 years ago.

It said that the court has to scrutinise the dying declaration and ensure it is consistent, credible and devoid of tutoring.

A dying declaration means a statement written or verbally of some relevant facts made by a person who is dead. It is dealt under clause (1) of section 32 of the Indian Evidence Act 1872.