Supreme Court · 2010 INSC 255 · Decided 29 April 2010
Baij Nath Sah v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2010 INSC 255 · [2010] 5 S.C.R. 619
- Case number
- CRIMINAL APPEAL No. 1475/2003
- Decided
- 29 April 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 363; CrPC Section 164
Headnote
Penal Code, 1860: A B s.363 - Kidnapping - Four persons including appellant C prosecuted - Conviction - Plea of appellant that there was no evidence against him - HELD: As the victim was not examined as a witness, her statement uls 164 CrPC cannot be used against the appellant - Even otherwise, manner- The a/legation against him is that after the victim had been D kidnapped by the other accused she was brought to their home, where the appellant was a/so present - In other words, when she was brought to the appellant's home, the kidnapping had already take,n place - The appellant could,
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