RONAL KIPRONO RAMKAT versus STATE OF HARYANA

RONAL KIPRONO RAMKAT versus STATE OF HARYANA

It is unsafe to rely upon the dying declaration due to infirmities, improbabilities, and lack of corroborative evidence. The defence that the accused and deceased were in love, and the theory of intercourse by consent, is probabilised due to circumstances including finding both underclothes in the same room and the...

Source-derived case information.

Parties
Appellant: Ronal Kiprono Ramkat; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
31 July 2001
Procedural Posture
Criminal Appeal / Appeal Against High Court's Confirmation of Conviction and Sentence
Outcome
appeal allowed
Legal Topics
Rape, Murder, Dying Declaration, Standard of Proof
Criminal Law Rape Murder Dying Declaration Standard of Proof

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Parties

Ronal Kiprono Ramkat

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court's Confirmation of Conviction and Sentence

Legal Issues

  1. 1 Whether the dying declaration can be relied upon to convict the accused.
  2. 2 Whether the evidence supports conviction for rape and murder.

Ratio Decidendi

It is unsafe to rely upon the dying declaration due to infirmities, improbabilities, and lack of corroborative evidence. The defence that the accused and deceased were in love, and the theory of intercourse by consent, is probabilised due to circumstances including finding both underclothes in the same room and the deceased being naked. Injuries sustained by accused could not be self-inflicted, supporting defence explanation. Material witnesses were not examined. There is no credible evidence for conviction.

Court Disposition

appeal allowed

Orders

  • Impugned judgment and order set aside.
  • Appellant shall be set at liberty forthwith if not required in any other case.