by the learned counsel for the parties and have gone through the judgments of the trial Court and the High Court as well as the evidence available on record. 16Discussion and Conclusion: - 23. The main thrust of submissions advanced by Shri Ambreesh Kumar Aggarwal, learned legal aid counsel representing the appellant so as to criticise the findings of the trial Court and the High Court was that both the Courts erred in holding that the statement of complainant Ashok Kumar Pathak had been recorded on oath in the proceedings under Section 299 CrPC. As per Shri Aggarwal, only the Section 161 CrPC statement of complainant Ashok Kumar Pathak was exhibited by the Investigating Officer(PW-13) and he never stepped into the witness box. 24. In order to verify this fervent submission of learned counsel for the appellant, we carefully sifted through the record and find that the submission so made is without any foundation. The accused appellant was absconding and could not be arrested and thus,