Supreme Court of India
State of Rajasthan v. Yusuf
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From the headnote
Penal Code, 1860: s. 302 - Conviction by trial court c relying on dying declaration - High Court found that dying declaration was not reliable and directed acquittal - Appeal against acquittal - Held: No case made out for interference - The finding of High Court that dying declaration was not truthful and there was attempt to falsely implicate the accused was borne out by various statement in the dying declaration which were proved beyond doubt to be false - Order of High Court cannot be faulted - Moreover, in case of acquittal, there is doub(e presumption in favour of accused - If two
Authorities it was built on
- 1973 Shivaji Sahebrao Bobade & Anr v. State of Maharashtra
- 1992 Smt. Paniben v. State of Gujarat
- 1982 Mohanlal Gangaram Gehani v. State of Maharashtra
- 1960 Sanwat Singh & Others v. State of Rajasthan
- 2002 Harijana Thirupala and Ors. v. Public Prosecutor, High Court of A.P., Hyderabad
- 1962 M. G. Agarwal v. State of Maharashtra
- 1955 Aher Raja K.hima v. The State of Saurashtra
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