In Brief
The State of Jharkhand appealed against the High Court's acquittal of Shailendra Kumar Rai, who was charged with raping a minor girl and setting her on fire. The victim died from septicemia caused by severe burn injuries. The Supreme Court held that her dying declaration to the police was admissible under Section 32(1) of the Evidence Act as it related to the cause of her death and the circumstances leading to it. The Court upheld the Sessions Court's conviction, finding the dying declaration credible and sufficient proof beyond reasonable doubt. The Court deprecated the use of the 'two-finger test' in sexual assault cases, calling it baseless and patriarchal, and directed governments to remove it from medical curricula.
The lawyer headnote and full judgment text are available to registered users.