Nagar, Gali No. 14, Delhi on S.A.(sworn affirmation)” 1828. This statement bears the signature of the presiding officer of the Court and so also of the complainant Ashok Kumar Pathak. Three more witnesses, namely, Head Constables Mohan Lal and Surender Kumar and Inspector Bal Kishan were also examined on oath in proceedings under Section 299 CrPC. 29. In this background, the fervent submission of the learned counsel for the appellant that the prosecution only exhibited the statement of complainant Ashok Kumar Pathak recorded under Section 161 CrPC and that he was never examined on oath in proceedings under Section 299 CrPC seems to have been made out of sheer ignorance and without ascertaining the correct position from the original record. 30. Section 299 of CrPC expressly provides for the power of the Court to record evidence in absence of the accused in the following term: - “299. Record of evidence in absence of accused.—(1) If it is proved that an accused person has absconded, and