Punjab and Haryana High Court Acquits Rape Convict Over Dying Declaration

The Punjab and Haryana High Court has acquitted a rape convict, ruling that the dying declaration on which the prosecution based its case was unreliable. A division bench of Justice Rajesh Bhardwaj and Justice Deepak Manchanda held that the investigating agency's failure to have the statement recorded by a Judicial Magistrate, despite adequate opportunity, created a dent in the prosecution story. The court noted that the omission assumed greater significance as the conviction rested solely on the dying declaration.

The case arose from a 2010 incident in Rohtak. The victim, who later died by consuming aluminium phosphide, made a statement before her death. An additional sessions judge had convicted the appellant in 2013, sentencing him to 12 years' rigorous imprisonment. On appeal, senior advocate Sunil Chadha argued multiple contradictions in the recording officer's account, which the court found substance in. Medical evidence showed the victim was in critical condition and under sedation, and no injuries were found on her or the accused.

Citing Supreme Court precedents, the bench reiterated that a dying declaration must inspire full confidence. Given the infirmities, inconsistencies, and unexplained circumstances, the court held the declaration untrustworthy. Invoking the principle that benefit of doubt must go to the accused, the appeal was allowed and the conviction set aside.