Statement of victim recorded u/s 164 of CRPC
This is a peculiar case wherein Court could not record
the evidence of victim, as she (victim) committed suicide at
the stage of investigation. However, her statement U/S 164
Cr.PC was available on record. It is not the law that non
examination of victim perse viciates the whole criminal case.
The requirement of law is that conviction can be maintained
if other evidence successfully proves the ingredients of the
evidence beyond reasonable doubt.
. Hon'ble Supreme Court in State of Karnataka V.
Mahabaleswar Gourya Naik reported in AIR 1992 held that -
“Merely death of victim and her consequent
non availability to be examined can never be
ground to acquit accused if there is evidence
otherwise available proving criminal act of
accused.
In our case also victim could not be examined as she
committed suicide during the stage of investigation.
