A woman subjected to rape, gives a statement under Section 164 Cr.P.C. implicating the accused for the offence. She commits suicide sometime later but before her statement could be recorded at the trial. Such statement recorded under Section 164 Cr.P.C. would be:
Explanation:
A statement recorded under Section 164 of the Code of Criminal Procedure, 1973, is generally not a substantive piece of evidence. However, if the person who made the statement subsequently dies, and the statement relates to the cause of their death or the circumstances of the transaction that resulted in their death, it can become admissible as a dying declaration under Section 32(1) of the Indian Evidence Act, 1872. In this scenario, the woman's suicide, if linked to the rape, makes her Section 164 statement admissible under Section 32.