Dying declaration on video convicts Murshidabad man
Kolkata: A three-minute video capturing a 15-year-old girl's dying declaration proved crucial in convicting a man named Rahul Haldar of her murder, with a Murshidabad court sentencing him to life imprisonment on Friday.In the video recorded by the investigating officer, the girl said: "It was Rahul who brought the poison to me and fed it to me." The statement, made moments before her death on June 10, 2023, was admitted as evidence under Section 32 of the Indian Evidence Act, which deals with statements by persons who later die.
Special public prosecutor Bivas Chatterjee said the video's authenticity was established through forensic doctor C Sarkar's testimony. "The crucial evidence was this electronic recording. It was produced from its lawful custodian, complying with relevancy and admissibility criteria," he said. A prosecution witness (PW7) provided "last seen" evidence, stating Haldar was seen carrying a bottle of poison before meeting the victim.According to the FIR, the girl returned home around 6.30pm on June 10, 2023, and told her family she had consumed poison. When questioned, she disclosed that Haldar called her to Sastitala, gave her a half-filled bottle claiming he had consumed half, then poured the remaining poison into her mouth. The autopsy confirmed death due to poisoning and ruled out involvement of anyone other than Haldar in the murder.The court found Haldar guilty under IPC Section 302 (murder) and sentenced him to life with a Rs 1 lakh fine. He also received five years under IPC 308 (attempt to commit culpable homicide) with Rs 50,000 fine, both running concurrently.Police registered the case under IPC Sections 328, 307, 376(3), 120B, and 302, and Section 6 of the Pocso Act.
Special public prosecutor Bivas Chatterjee said the video's authenticity was established through forensic doctor C Sarkar's testimony. "The crucial evidence was this electronic recording. It was produced from its lawful custodian, complying with relevancy and admissibility criteria," he said. A prosecution witness (PW7) provided "last seen" evidence, stating Haldar was seen carrying a bottle of poison before meeting the victim.According to the FIR, the girl returned home around 6.30pm on June 10, 2023, and told her family she had consumed poison. When questioned, she disclosed that Haldar called her to Sastitala, gave her a half-filled bottle claiming he had consumed half, then poured the remaining poison into her mouth. The autopsy confirmed death due to poisoning and ruled out involvement of anyone other than Haldar in the murder.The court found Haldar guilty under IPC Section 302 (murder) and sentenced him to life with a Rs 1 lakh fine. He also received five years under IPC 308 (attempt to commit culpable homicide) with Rs 50,000 fine, both running concurrently.Police registered the case under IPC Sections 328, 307, 376(3), 120B, and 302, and Section 6 of the Pocso Act.
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Top Comment
J
Jai Garg
10 hours ago
One can find dozens of other High Court judgments rejecting a similar type of evidence to bring home the charge. Who is right?Read allPost comment
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