Umrao Singh And Ors. vs State Of U.P. on 2 August, 2000
Moreover, if the person making the statement is dead, then he is not in a position to make any statement in Court and there would be no opportunity to test the consistency of the conduct evidenced by the complaint in relation to the one which could have been given in the witness box. In such circumstances there is nothing to confirm or corroborate the statement or the complaint and the statement cannot be proved. Section 8 would not render it admissible. This conclusion is reached not because of the non-applicability of Section 8 but because of the difficulty for testing the consistency when the maker of the statement is dead." It has been held in Umrao Singh and Ors. v. State of M.P. by this High Court as under: