Law Trend – A Legal News Network Dying Declaration Cannot be Discarded on Speculative or Hyper-Technical Grounds: Supreme Court Click to Read Complete News https://lawtrend.in/dying-declaration-cannot-be-discarded-on-speculative-or-hyper-technical-grounds-supreme-court/

[16/01, 07:52] Sekarreporter: Law Trend – A Legal News Network

Dying Declaration Cannot be Discarded on Speculative or Hyper-Technical Grounds: Supreme Court

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[16/01, 07:52] Meta AI: The Supreme Court has ruled that a dying declaration cannot be discarded on speculative or hyper-technical grounds, as long as the court is satisfied that the declaration is voluntary, truthful, and reliable. This ruling was made in a case where a man was accused of murdering his wife by pouring kerosene on her and setting her on fire. The court emphasized that motive assumes significance primarily in cases based on circumstantial evidence, but where there is direct evidence in the form of a credible and trustworthy dying declaration, the absence of strong proof of motive is not fatal to the prosecution’s case.

The court also noted that minor discrepancies highlighted by the High Court do not create any dent in the credibility of the dying declaration. In this case, the dying declaration was recorded by a competent authority at a time when the deceased was conscious, oriented, and capable of making a statement. ¹ ²

Would you like to know more about the implications of this ruling or the factors that determine the weightage of a dying declaration?