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Tag: Perjury – Notice To Accused At Court’s Discretion

K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977

Posted on July 3, 2018 by ShadesOfKnife

In this landmark case that got national coverage, it is held by Hon’ble Apex Court that

 

The fact that a prima facie case has been made out for laying a complaint does not mean that the charge has been established against a person beyond reasonable doubt. That will be thrashed out in the trial itself where the parties will have opportunity to produce evidence and controvert each other’s case exhaustively without any reservation. There may be often a constraint on the part of a person sought to be proceeded against under section 340 Cr.P.C. to come out with all materials in the preliminary enquiry. That constraint will not be there in a regular trial where he will have ample opportunity to defend himself and produce all materials to show that an offence under section 193 IPC has not been made out. That section contemplates that making of a false statement is not enough. It has to be made intentionally. The accused in a trial under section 193 will be able to place all circumstances bearing upon the ingredient of the intention attributed to him.

K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged K. Karunakaran Vs T. V. Eachara Warrier Perjury - Notice To Accused At Court's Discretion | Leave a comment

Sanjeev Kumar Mittal Vs The State on 18 November, 2010

Posted on June 13, 2018 by ShadesOfKnife

Citing many landmark Perjury precedents, Justice J.R.Midha of Delhi High Court has rendered this judgment. This CrPC 340 judgment is under Sections 193, 196, 199 and 200 of the Indian Penal Code. Since there was ample evidence for fraud on court, Police were directed to conduct preliminary inquiry.

Sanjeev Kumar Mittal Vs The State on 18 November, 2010

A precedent from Supreme Court of India is available here, which is also relied upon in this instant judgment.


Citations: [2011 DRJ 121 328], [2010 CCR 4 442], [2010 DLT 174 214], [2011 RCR CRI 7 2111], [2010 SCC ONLINE DEL 4006]

Other Sources:

https://indiankanoon.org/doc/83621866/

https://www.casemine.com/judgement/in/56090d95e4b014971117a12d


 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Catena of Landmark Judgments CrPC 340 read with CrPC 195 Landmark Case Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury - Notice To Accused At Court's Discretion Perjury Under 340 CrPC Preliminary Inquiry Ordered Reportable Judgement or Order Sanjeev Kumar Mittal Vs The State | Leave a comment

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