can a court ignor the application u/s 340 Cr.P.C. establishing fabrication of case?
Sangramsinghrana
(Querist) 13 October 2010
This query is : Resolved
Dear Experts,
in a case after defence evidence, accused filed application u/s 340 Cr.P.C. against the witnesses and in their application with the help of prosecution as well defence evidence he clearly established that case is false and fabricated and no conviction can be sustained against accused but witnesses etc. be prosecuted for perjury etc.can a court convict the accused by totally ignoring the facts and evidence mentioned in application u/s 340 Cr.P.C. or in other way it can be said that application u/s 340 Cr.P.C. is like the written arguments which are disclosing each and every aspect of falsification and fabrication of case. can court ignored said applications while deciding the fate of innocent person?
pawan sharma
(Expert) 13 October 2010
the said application be registerd as independen mise.suit. No, court refuge it if on the real facts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 October 2010
What you feel and what can be proved in the court are two separate spheres.
False evidence is which is proved as false in court.
So even if you know it is false but can not be proved false in the court no PERJURY or use of section 340.
s.subramanian
(Expert) 13 October 2010
The court cannot and should not ignore it.
Sangramsinghrana
(Querist) 13 October 2010
Respected Mr. S. subramanian,
hertly thanks for your kind reply, the fact which I placed for query is the fact of a true case bearing FIR no. 174/02 P.S. Julana,distt. Jind(Haryana) u/s 384/506 IPC which was decided by MR. S.K. Khanduja then ACJM JIND in which the Ld. ACJM not only ignored the prima facie fabrication of case, documentary evidence wcich was consider by HC at the time of granting anticipatory bail to accused and by the other ACJM in the same court while discharging other co-accused, totally ignored the statement of accused u/s 313 Cr.P.C.establishing the fabrication of case, totally ignored the applications u/s 340 Cr.P.c. filed by accused after defence and in said application which contains 175 instantses of false statement made by witnesses on oath and each and every aspect of falsification and fabrication of case, even said LD.ACJM convict accused by ignoring the fact that a person whose name is mentioned in FIR and statement of witnesses as an accused but police, complainant never made him as an accused even case was finally decided, without stating a single word about said person, by stating the statements of witnesses which they never deposed on oath nor u/s 161 Cr.P.C.? can it be happened in the system of Justice? can a court go against the law, evidence and facts etc. which happen in this case. whether a judge can punished a innocent person to save the real guilty rich person for the offence which he has committed. WHETHER LAW OF OUR COUNTRY PROVIDES ANY PUNISHMENT TO THOSE JUDICIAL OFFICERS WHO KNOWINGLY, INTENTIONALLY TO SAVE THE REAL GUILTY PERSON, CONVICTED THE INNOCENT PERSON TO PRESSURISE THE INNOCENT THAT DUE TO FEAR OF JAIL, SAID INNOCENT PERSON SURRENDER BEFORE THE RICH PERSON? This is the real picture of the fact that now a days this is going on those court to whom general public consider as 'GOD'.
I also thankful to MR.Shashi Kumar and Mr. Pawan Sharma
Raj Kumar Makkad
(Expert) 14 October 2010
I personally know Sh. Khanduja ji and have seen his way of working while he was posted as SDJM Charkhi Dadri and had found him one of most honest and capable judicial officers. I dont know about the case, you are mentioning. You have even not mentioned that facts of the case, the evidence and the finding/discussion of the court hence no definite comment can be passed but if the facts told by you are true then it is highly objectionable and the matter brought on file should not have been ignored.
