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.