Dying Declaration in Aditya Gupta v. State of Punjab (2012)
evidence general beginner judgment_takeKya yeh vishwasgyata ki baat hai ya nahi? In judgment mein, SC ne kaha ki ek murtikata kareeb dene wale kanoon (Section 32(1) Evidence Act) ko pura karna zaroori hai. Lekin fir bhi, case mein court ne vishwasgyata ki baat kareebi se li. Yeh to yah hai ki kanoon ko pura karna zaroori hai, lekin vishwasgyata ko bhi dhyan mein rakhna zaroori hai. Main is judgment ko sahi sochta hoon, kyonki yeh kehta hai ki kanoon ka purana kanoon hai, lekin vishwasgyata bhi bahut zaroori hai.
3 Comments
Wow, guys, kudos to you for discussing such an imp case! Dying Declaration has been a topic of discussion for years now. Aditya Gupta v. State of Punjab (2012) is indeed a landmark case. Just to remind, HC has held that dying declaration can be used as primary evidence, even if it's not recorded by a magistrate. Great topic to explore, keep it up!
Aap sabhi ke liye, clarification hai: Dying Declaration mein, Aditya Gupta v. State of Punjab (2012) case mein, SC ne kaha ki dying declaration ki authenticity ko prove karne ke liye ek mahatvapoorn condition hai - victim ko police officer ka presence shakti se uthan huya hona chahiye. Iska matlab yeh hai ki victim ke statements ko accept karne ke liye police officer ko uske presence se pata lagne ka mauka milna chahiye.
Buddy, let's dive into Dying Declaration in Aditya Gupta v. State of Punjab (2012). I totally agree with this landmark judgment. It reaffirms that dying declarations are admissible as primary evidence under Section 32, Indian Evidence Act, 1872. Court held that the dying declarations of a child victim can be considered reliable and trustworthy. This is a much-needed relief for victims of heinous crimes!