2010 (4) TMI 1242 - SCH - Indian Laws

Summary

The Supreme Court of India heard an appeal in a case involving an accusation of kidnapping under Section 366A of the Indian Penal Code. The appellant, Baij Nath Sah, was convicted by the Trial Court, but the High Court altered the conviction to a lesser offense and reduced the sentence. The appellant filed a special leave petition in the Supreme Court, arguing lack of evidence against him. The Court noted that the only evidence used against the appellant was a statement under Section 164 of the Cr.P.C., which was deemed inadmissible as substantive evidence. As the key witness was unavailable for testimony, the Court found that the appellant could not be implicated in the offense. Consequently, the Court allowed the appeal, acquitted the appellant, and discharged his bail bonds.