Supreme Court of India

Khushal Rao v State of Bombay

decided 1957-09-25 (reporter citation not confirmed)19581 min read
The case in brief30-second read
Facts
The appellant was convicted of murder mainly on the dying declarations of the victim, who named him as one of his assailants.
Issue
Whether a dying declaration can sustain a conviction without corroboration.
Held
There is no rule of law that a dying declaration must be corroborated. It must be tested for reliability, considering the declarant's opportunity to observe, his state of mind, consistency, and absence of prompting; if found true it may alone support a conviction.
Principle
A truthful and reliable dying declaration can be the sole basis of conviction.
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Facts

  • The appellant was convicted of murder mainly on the dying declarations of the victim, who named him as one of his assailants.

Issue

  1. Whether a dying declaration can sustain a conviction without corroboration.

Held

  • There is no rule of law that a dying declaration must be corroborated. It must be tested for reliability, considering the declarant's opportunity to observe, his state of mind, consistency, and absence of prompting; if found true it may alone support a conviction.

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Citation

Khushal Rao v State of Bombay decided 1957-09-25 (reporter citation not confirmed)

Reported: https://indiankanoon.org/doc/1428689/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.