Dear Mr. Prof.
Why the boy of 12 not traceable. what attempt was made to get him. The court would have waited for the sole meterial witness. Whether Section 164 (5) on the point of oath is complied by the Magistrate. The magid=strate who take down the statemnet can prove the statment before the cpourt and he/she can be cross examined on the point.
Let us view the polistion as follows Prof.
1. The boy was not traceable due to adminstration of force. Or say he is removed forcefully without his will
2. The boy was missed or never ever traceable
3. The boy is no more or killed by the opposite party
4. The evidence is 164 under oath
Then in that case the identity of the accused with aid of the investigating officer and other official and mahazer witness can be admitted
The conclusion is, if the vanishing of the boy is intentional from the opposiote side the evidence already given can be taken for consideration.
Suppose If a man was examined and crossed exmd by the available accused and later he died. The absconding accused surrendedd after his death. he didnot get a chance for cross. If the absonding was willful what harm is there to consider his evidence against the accused. Is it fair to say that he is at an advantage opf rejecting the evidence only for the reason of his absconding from the process of law. Accademically you can work out this problem. Thank you for the personal touch shown to me