‘Dying declaration enough’: Court gives man life despite victim’s kin changing statements

‘Dying declaration enough’: Court gives man life despite victim’s kin changing statements

The court of additional district and sessions judge, Subhash Singh, in Lakhimpur Kheri has awarded life imprisonment to a man — after primarily depending on the victim’s dying declaration — who had set on fire a 15-year-old girl after he failed to sexually assault her. The crime dates back to February 14, 2011.

The minor girl had died during treatment after recording her statement in front of a magistrate. The accused, who was 19 then, was convicted after the court considered the girl’s dying declaration and autopsy report enough to prove guilt. This, despite the fact that during the course of trial, the girl’s family had changed their statements.

Additional district government counsel, Kapil Katiyar, told: “The crime was reported from a village in Mituali on February 14, 2011. The girl was alone when Angad Raidas, a neighbour, barged into her house and attempted to rape her. When she resisted, the accused poured kerosene and set her on fire. She died on February 18 and an FIR was registered against Raidas. The accused was arrested and sent to jail. ”

Katiyar added: “A charge sheet was subsequently filed against the man in which he was charged under IPC sections 326 (voluntarily causing grievous hurt by weapon or means), 302 (murder), 354 (attempt to outrage the modesty of a woman) and 452 (house trespass with intent to hurt).

Senior prosecuting officer (SPO), SP Yadav, said, “In the charge sheet, the girl’s parents and neighbors were the eyewitnesses. They changed their statements later and told the court that they had not seen the accused at the crime scene. Autopsy report and her dying declaration, recorded by tehsildar Yaduveer Singh Yadav on February 17, were considered as main evidence against the accused in this case. ”

The SPO further said, “In her dying declaration, she had said that she was immolated by Angad Raidas after he failed to rape her and the statement recorded by police under section 161 CrPC was exactly the same. Considering all these facts, the court pronounced Raidas guilty and sentenced him to life in prison along with a fine of Rs 23,000.