After the recovery of the alleged abductor, section 497 of the Conventional Code (XLV of 1860), section 365/34 kidnapping, police examined under Section 161, CR PC, but the record was silent as to whether the statement contained Section 161, Was filed under CR. Whether the PC is through a magistrate or not, but the case is abduction, the statement of the alleged abductor before the magistrate was necessary for the prosecution's failure to record the statement; However, apart from the abductor statement, there was also no other evidence under the Section 161, CRPC, to link the accused in connection with the alleged abduction, missing the FIR The delay was not explained in the case. The bail was released and the request to be transferred by the complainant was canceled
Related judgments — Peshawar High Court NWFP, 2011
