#Section 32 Evidence Act

The Bombay High Court ruled that a delay in the declarant’s death, caused by medical complications, does not render a dying declaration inadmissible under Section 32 of the Evidence Act. This ruling reinforces the evidentiary value of such statements in murder prosecutions and guides lower courts on admitting delayed dying declarations.

The Delhi High Court upheld a conviction under PoCSO despite the non-verbal child victim not being examined, ruling that medical certification of cerebral palsy and consistent testimony from family members and the MLC suffice to establish guilt. This sets a critical precedent for prosecuting sexual crimes against children with disabilities where direct testimony is impossible, reinforcing that evidentiary flexibility must align with justice, not procedural rigidity.

Allahabad High Court acquitted an accused in a rape case, ruling that a dying declaration recorded by police, lacking medical corroboration and marred by unexplained delays, cannot establish guilt beyond reasonable doubt. The judgment underscores the necessity of independent medical evidence and timely recording to validate dying declarations under Section 32 of the Evidence Act.

Karnataka High Court upholds conviction under Section 302 IPC based solely on two consistent dying declarations, clarifying admissibility and reliability standards under Section 32 Evidence Act.

Chhattisgarh High Court rules that a statement made under expectation of death loses admissibility under Section 32 Evidence Act if the maker survives, but may be used under Sections 155/157 for corroboration or contradiction.

Kerala High Court upholds murder conviction based on ocular testimony, dying declaration, and res gestae, affirming that scientific inconsistencies do not invalidate direct evidence.

Bombay High Court holds that a credible dying declaration, free from tutoring or embellishment, can form the sole basis for conviction under Section 302 IPC without corroboration.