Conviction cannot be based on dying declaration when translator has not been examined by prosecution: Allahabad High Court | ProAdvocate

Conviction cannot be based on dying declaration when translator has not been examined by prosecution: Allahabad High Court

The Allahabad High Court held that the dying declaration of the deceased cannot be taken as the sole evidence to convict the accused as it adversely affects the rights of the accused.

The bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chaudhary, while quashing the conviction order, said that the Munshi had translated the statement made by the deceased in the local dialect. Therefore, it was necessary to produce the Munshi as a witness to cross-examine him about the exact statements made by the deceased.