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    <title>2010 (4) TMI 1242 - SC Order</title>
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    <description>A statement recorded under Section 164 CrPC is not substantive evidence and can be used only for corroboration or contradiction. On the material described, the prosecutrix was not examined in court and the only reliance was on her Section 164 statement, which did not by itself implicate the accused in the kidnapping-related offences. As the statement merely suggested his presence after the kidnapping had already occurred, it was insufficient to establish participation in the offence. The conviction was therefore not sustainable, and the accused was acquitted.</description>
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      <title>2010 (4) TMI 1242 - SC Order</title>
      <link>https://www.taxtmi.com/caselaws?id=461017</link>
      <description>A statement recorded under Section 164 CrPC is not substantive evidence and can be used only for corroboration or contradiction. On the material described, the prosecutrix was not examined in court and the only reliance was on her Section 164 statement, which did not by itself implicate the accused in the kidnapping-related offences. As the statement merely suggested his presence after the kidnapping had already occurred, it was insufficient to establish participation in the offence. The conviction was therefore not sustainable, and the accused was acquitted.</description>
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      <pubDate>Thu, 29 Apr 2010 00:00:00 +0530</pubDate>
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