Case hangs on dying declaration

Hyderabad: Mustafa’s dying declaration before the magistrate will play a vital role in the investigation of his murder. The 11-year-old, who had been set ablaze by unidentified persons at the Army Garrison compound at  Mehdipatnam on Wednes-day, died at a private hospital early on Thursday.

The boy, in his statement before the magistrate on Wednesday, had disclosed that some Army men had poured kerosene on him and set him ablaze. Army authorities, however, in a press release, have denied the role of any of their personnel in the incident.

According to the police, there was no eyewitness to the incident and the dying declaration of the boy is the only key evidence so far in the case. A dying declaration is enshrined under the Indian Evidence Act of 1872. It is a statement made by a dying person and is admissible only once the person has died.

As per legal experts, the declaration of the boy was initially a statement, but after he died, it will be treated as a “dying declaration” by the court of law. The Supreme Court in various cases has upheld the dying declaration observing that “the situation in which a man is on the deathbed is so solemn and serene, is the reason in law to accept the veracity of his statement.”

Under Section 32 of the Indian Evidence Act of 1972, a dying declaration should be reliable and in case of suspicion, the court will seek its corroboration  with the evidence st hand. If evidence shows that the statement was not wholly true it can be treated only as a piece of evidence, but conviction cannot be based solely upon it. A senior police officer said it was now their job to find the accused and file the chargesheet.