Dying declaration not sole criteria for conviction: HC
November 16, 2012 11:24
The Bombay High Court has observed that a dying declaration cannot be the sole criteria for conviction and in case of two contrasting views, the one favourable to the accused should be adopted.
A division bench of justices Pratap Hardas and Ashok Bhangale said, "The criminal court has to bear in mind that if two views are possible upon the evidence led -- one pointing towards guilt of the accused while the other towards his innocence -- then the one favourable to the accused should be adopted to prevent miscarriage of justice which can result by conviction of an innocent."
A division bench of justices Pratap Hardas and Ashok Bhangale said, "The criminal court has to bear in mind that if two views are possible upon the evidence led -- one pointing towards guilt of the accused while the other towards his innocence -- then the one favourable to the accused should be adopted to prevent miscarriage of justice which can result by conviction of an innocent."
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