2010 (4) TMI 1242

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..... Parwati Devi, Prabhunath Sah, Baij Nath Sah, the appellant herein, and one Surajdeo Misssir were brought to trial for an offence under Section 366A of the Indian Penal Code for having kidnapped Suman Kumari the minor daughter of Arjun Prasad on 24th June, 1984 from her home. The fourth accused i.e. Surajdeo Missir died during the course of the trial. The Trial Court by its judgment dated 5th Sept .....

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..... Mr. Gaurav Aggarwal, the learned Counsel for the appellant has argued that there was no evidence whatsoever against the appellant herein. He has pointed out that his name had not figured in the FIR and that the only evidence used by the Courts below to convict the appellant was the statement under Section 164 of the Cr.P.C. made by Suman Kumari before the Magistrate on the 25th July, 1984. He has .....

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..... P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis. statement made in Court. In other words, it can be only utilized only as a previous statement and nothing more. We see from the record that Suman Kumari was not produced as a witness as she had since been married in Nepal and her husband had refused to let her return to India for the evide .....

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