Dying declaration of minor who set herself ablaze, succumbed to 100% burns, seals fate of rape convict

“A truthful and voluntary dying declaration can form the sole basis for conviction without the necessity of corroboration…The punishment awarded is proportionate to the gravity of the offence,” the bench said on June 1, upholding the sentence of imprisonment for the remainder of the convict’s natural life.

Justices N Anand Venkatesh and K K Ramakrishnan noted that there are no circumstances brought on record to indicate that the dying declaration was the result of tutoring.

‘Dying declaration inspires confidence’

• This court finds that the dying declaration inspires confidence.
• There are no circumstances brought on record by the defence to indicate that the same was the result of tutoring or external influence.
• On the contrary, the defence has failed to establish any material infirmity or improbability in the said declaration.
• This court finds no reason to disbelieve the dying declarations.
• The same clearly establishes the offences for which the appellant has been convicted.
• Accordingly, the learned trial judge was justified in placing reliance on the dying declarations, and this court finds no reason to interfere with the said finding.
• It is clear from the contents of the dying declaration that the victim not only narrates the incident cogently but also reflects her mental state arising out of the acts of the appellant.
• The statement appears to be voluntary and free from any embellishment or artificial implication.
• She cogently narrated about the penetrative sexual assault, publication of offending material on social media, intimidation to end her life, and finally, she committed self-immolation.
• She not only gave a dying declaration to the learned judicial magistrate, but the sub-inspector of police also recorded the statement of the victim under which is also cogent and trustworthy.

Appeal against conviction

The case arose from a prosecution launched in connection with offences under the POCSO Act and the Indian Penal Code (IPC). The trial court had convicted the accused and imposed a life sentence after finding the charges proved beyond a reasonable doubt.

Before the high court, the appellant questioned the reliability of the prosecution’s evidence, particularly the dying declaration recorded shortly before the victim’s death.

The defence argued that the victim had sustained 100 per cent burn injuries and was not in a condition to make a reliable statement, but the high court held that the extent of burns was not decisive and accepted the dying declaration after finding that she was conscious and mentally fit when it was recorded.

It was also contended that there was a possibility of tutoring because a police officer had interacted with the victim before the judicial magistrate recorded her statement.

Court examines law on dying declarations

• The high court undertook an extensive review of the law relating to dying declarations and referred to several Supreme Court judgments on the subject.
• The bench reiterated that a dying declaration is an exception to the general rule against hearsay evidence and can form the sole basis of conviction if the court is satisfied that it is truthful, voluntary and inspires confidence.
• According to the court, a dying declaration recorded by a judicial magistrate carries a higher evidentiary value because it is recorded by an independent judicial officer with no interest in the outcome of the case.
• The judges observed that courts must examine whether the declarant was mentally fit, whether the statement was voluntary, and whether there are any circumstances suggesting tutoring or external influence.
• The court said that the accused’s conduct, as established during trial, justified the punishment awarded by the special court and found no reason to reduce or modify the sentence.
• With these findings, the bench dismissed the criminal appeal and confirmed the conviction and sentence imposed by the Special Court.

Significance

The judgment is a significant reaffirmation of the evidentiary value of dying declarations in criminal trials. It underscores that a statement recorded by a judicial magistrate can, in appropriate cases, be sufficient to sustain a conviction, provided the court is satisfied about its voluntariness, truthfulness and reliability.

The ruling also reiterates that courts will closely scrutinise allegations of tutoring or procedural irregularities but will not discard a dying declaration merely because the victim suffered serious injuries, so long as the evidence establishes that the declarant was conscious and mentally fit when the statement was recorded.