'Shahrukh burnt me by sprinkling petrol': What happens before death statement, which can lead to death of Ankita's convict

Shahrukh Hussain was harassing me for 10-15 days. ... had taken my mobile number. He was pressurizing me to make friends by calling me.

'On the night of August 22, Shahrukh threatened me that he would kill me if I did not listen to him.

Both these statements are the last statements before the death of Ankita Singh. Ankita, a resident of Dumka, Jharkhand, was burnt by a person named Shahrukh Hussain by pouring petrol. Five days later, on August 29, at 2.30 pm, Ankita lost the battle of life in the hospital.

In this explainer, we will know how important is the statement given before the death of a victim? How can it bring the guilty to the gallows? What is Ankita's story after all?

What is the victim's dying declaration or dying declaration?

In any crime, the statement or dying declaration given before the death of the victim is considered as true evidence.

According to Section-32(1) of the Indian Evidence Act, 1872, a dying declaration is a written or oral statement of a person relating to relevant facts or related facts, after which he has died.

To this, Supreme Court lawyer Virag Gupta said, "The pre-death statement can be given orally, in writing or on the basis of indications."

For example, Ankita, who was burnt alive in the Jharkhand case, had told the reason for her death before a person named Shahrukh Hussain put petrol on her and set her on fire before dying in the hospital. This statement of Ankita is the statement or dying declaration before her death.

Who can enter the dyeing declaration

Any person can record the dying declaration of the person who died. However, the statement recorded by the judicial or executive magistrate gives additional strength to the case.

Virag says- 'This statement can be made in front of relatives, police, doctor, lawyer or other persons.'

'Statement made before a magistrate has special recognition under section 164 of CrPC. The pre-death statement made before a magistrate under Rule-33 of the Criminal Rule of Practice has special value as evidence.

According to the guidelines issued by the Ministry of Home Affairs in October 2020, the dying declaration of a sexual victim cannot be dismissed merely on the ground that it has not been given in the presence of a magistrate.

Any person who files a dying declaration should satisfy himself that the victim is mentally fit.

In many cases, the dying declaration itself is considered as the primary evidence to prove the incident.

In order to be proved as evidence in a court of dying declaration, it is necessary that the victim made this statement voluntarily and in a conscious state.