Supreme Court of India
Ronal Kiprono Ramkat v. State of Haryana
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What the Court ordered
We are of the view that it is unsafe to act upon the said dying declaration.
Judgment, page 7
From the headnote
Penal Code, 1860 : Section 376-Rape-With or without consent-Victim was totally naked and underclothes of both the victim and accused found in the same room- Effect of-Held : This probabilises theory of intercourse by consent and negatives story of rape. Evidence Act, 1872 : Section 32(1)-Dying declaration-Evidentiary value of-Necessity of corroboration-Held, If dying declaration is reliable and truthful no further corroboration is required.
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