In a case of u/s366, 376/511that i m handling the procecutrix has died before coming in witness box. But during investigation she deposed under section 164 Cr.P.C. against my client and charged attempt to rape and abduction upon him. And before filing of charge sheet she committed suicide. Because whatever she depose was under pressure and tutored by her father who was a police officer. She was in love and committed marriage and by the act of her deposition she felt guilty and frustration. following this cause she tends to suicide.
Now the problem is that the IO and the magistrate who took the statement came in the witness box and exhibited the statement u/s 164 cr.p.c. It is sole evidence against my client.
Please refer judgement pertinent to this subject. Can this statement be rigid evidence or it cannot be read in evidence in the light of sec 30 of evidence act???
