Rejecting a dying declaration, a court here has acquitted all seven persons charged with rape and murder in north Delhi in 2012.
Three of the chargesheeted accused were women. They were accused setting the victim her on fire while the four male accused faced trial for sexually assaulting her. In the dying declaration, the victim said the women set her on fire when she was alone at her house. In the note, she held the male accused were responsible for her death as after the rape incident, finding no help either from the family or the police, it became unbearable for her to live.
The women accused were the wives of three male accused. According to the prosecution, the victim made the dying declaration to her husband and their son but they did not support it in the trial. Additional Sessions Judge Umed Singh Grewal said: “There is no corroboration of the dying declaration. The victim’s husband deposed in cross-examination that his brother broke the door open. It is pertinent to mention that the brother was the first to reach the spot . The husband is corroborated by one of the friends of the victim’s son, who deposed that when he reached the spot, he found the door of the house was bolted from inside.”
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The police said the note was recovered from the victim’s room. The Judge said: “Two sons and the husband of the victim deposed that the prosecutrix used to tell them about the altercation with accused. They did not depose that the woman ever told them about rape. Had she been raped, she would have definitely told her husband and sons as the incident was a major one. In view of above discussion, the note is also disbelieved.”
“Husband of the prosecutrix deposed that it is correct that prior to the incident, his wife was under upset. The prosecution did not place on record any other evidence against the accused. Accordingly, all accused persons are acquitted of the offences, they were charged with,” the Judge concluded.
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