A dying woman’s alleged decision to identify her attacker by typing on a mobile phone instead of speaking has become the central piece of evidence in a murder investigation in Chhattisgarh, raising an important legal question: Can a typed dying declaration, if found genuine, be sufficient to convict the accused?
The case stems from the alleged murder of 20-year-old Radhika Rajwade, a domestic worker from Latori village in Surajpur district. Police arrested her 23-year-old boyfriend, Ritesh Rajwade, after investigators said the victim managed to type details identifying him before succumbing to her injuries.
According to police, the couple had been in a relationship for six years. On July 26, Ritesh allegedly called Radhika to Nehru Park in Surajpur town, where he attacked her with a sharp object and slit her throat.
Despite suffering a deep neck injury that left her unable to speak, Radhika reportedly ran out of the isolated park in search of help. Passersby rushed her to the district hospital.
As police reached the hospital, Radhika allegedly signalled that she wanted a mobile phone. Officers reportedly handed her one, and she typed out information identifying her alleged attacker. She was later referred to Ambikapur Medical College Hospital, where she died later that night.
Investigators said CCTV footage helped establish the sequence of events, while the victim’s phone records and chat history corroborated the lead, resulting in Ritesh’s arrest.
According to Surajpur police, the accused confessed during questioning and allegedly said he attacked Radhika in a fit of rage because he suspected she was involved with another person after she began ignoring him.
Legal Question Over Typed Dying Declaration
The case has drawn attention to the evidentiary value of a dying declaration made through a digital device rather than spoken words.
Under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to the former Section 32 of the Indian Evidence Act, statements made by a person regarding the cause of their death or the circumstances leading to it are admissible as dying declarations.
Since Radhika was reportedly unable to speak because of the injuries to her throat, the details she allegedly typed on the mobile phone may be treated as a valid non-verbal expression under the law.
If the trial court is satisfied that the typed declaration was voluntary, authentic and free from external influence, it can be relied upon as substantive evidence. Depending on the facts and circumstances of the case, a trustworthy dying declaration can, in law, form the basis of a conviction.
Electronic Evidence Will Also Be Crucial
The mobile phone and its contents are expected to undergo forensic examination as part of the investigation.
To establish the authenticity of the electronic record, investigators must preserve the device in accordance with legal procedure. The digital evidence must also be accompanied by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to the erstwhile Section 65B of the Indian Evidence Act.
A cyber forensic examination is also expected to verify the timestamp of the typed message and determine whether it matches the timeline of the alleged attack. The findings are likely to play a significant role in assessing the evidentiary value of the victim’s final communication during the trial.
