Naeem vs State Of Uttar Pradesh 2024 INSC 169 :: [2024] 3 S.C.R. 36- Evidence Act- Dying Declaration

Indian Evidence Act, 1873; Section 32- Dying Declaration – Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the court. The Court is required to satisfy itself that the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination -Where the Court is satisfied about the dying declaration being true and voluntary, it can base its conviction without any further corroboration – There cannot be an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. It has been held that the rule requiring corroboration is merely a rule of prudence.- If after careful scrutiny, the court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it the basis of conviction, even if there is no corroboration. (Para 7)

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