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april 2010

Supreme Court of India · 2010-04-29

Baij Nath Sah vs State Of Bihar

Citation / case number
2010 AIR SCW 3900
Court
Supreme Court of India
Petitioner
Baij Nath Sah
Respondent
State Of Bihar
Bench
C.K. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the conviction of Baij Nath Sah under Sections 363 and 366-A IPC was unsustainable due to lack of substantive evidence, specifically the inadmissibility of the statement made under Section 164 of the Cr.P.C. The Court reiterated that such statements can only be used for corroboration or contradiction, not as substantive evidence. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.

Baij Nath Sah vs State Of Bihar · Niyam