"It cannot be that a dying declaration which supports the prosecution alone can be accepted while the other innocent dying declarations have to be rejected. However, the courts below are fully entitled to act on the dying declarations and make them the basis of conviction, where the dying declarations pass all the above tests," it said. A mechanical approach in relying upon a dying declaration just because it is there is extremely dangerous," the bench said. It said that court must weigh all the attendant circumstances and come to the conclusion that the dying declaration was properly recorded and was voluntary and truthful. "The courts below have to be extremely careful when they deal with a dying declaration as the maker thereof is not available for the cross-examination which poses a great difficulty to the accused person.

Source: Times of India July 12, 2016 16:14 UTC