Crl.A. No. 001573 / 2022
VIJAYA vs STATE REP BY THE INSPECTOR OF POLICE
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE SURYA KANT and HON'BLE MR. JUSTICE HRISHIKESH ROY
Order Date
15-09-2022
Citation
2022 INSC 964
Filed On
17-03-2020 12:31 PM
AI Summary
A statement recorded as a dying declaration under Section 32 of the Evidence Act, where the maker survives, cannot be treated as a dying declaration but only as a statement under Section 164 CrPC, and conviction cannot be sustained solely on such a disputed statement without adequate corroborative evidence, especially when key prosecution witnesses turn hostile.