SHAIKH RAFIQ & ANR. versus STATE OF MAHARASHTRA

SHAIKH RAFIQ & ANR. versus STATE OF MAHARASHTRA

The Supreme Court held that the dying declaration recorded without a medical fitness certificate and without endorsement of consciousness cannot be relied upon for conviction. The prosecution's case lacked credibility and supporting evidence; therefore, no case was made out against the appellants.

Parties
Appellant Accused No. 1: Shaikh Rafiq; Appellant Accused No. 2: Fatimbee; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
22 January 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed, conviction set aside, appellants acquitted.
Legal Topics
Murder, Dying Declaration, Indian Evidence Act
Criminal Law Murder Dying Declaration Indian Evidence Act

Case Brief

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Parties

Shaikh Rafiq

Appellant Accused No. 1

Fatimbee

Appellant Accused No. 2

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Reliability of dying declaration without medical fitness certificate
  2. 2 Credibility of prosecution's story
  3. 3 Acquittal based on lack of evidence

Ratio Decidendi

The Supreme Court held that the dying declaration recorded without a medical fitness certificate and without endorsement of consciousness cannot be relied upon for conviction. The prosecution's case lacked credibility and supporting evidence; therefore, no case was made out against the appellants.

Court Disposition

Appeal allowed, conviction set aside, appellants acquitted.

Orders

  • Orders of the High Court and Sessions Court set aside.
  • Appellants-accused shall be set at liberty if not required in any other case.