david vijaykumar (govt. servie) 24 April 2008

False testimony on oatch by witness in judicial proceedings

I have been facing problem of false witness on oath. The public prosecutor encourages and brings false witnesses and testimony deposed by witness after showing documents also false. Witness is a Graduate and working in a responsible post in Central Govt. The Hon'ble Court quietly records. Every opportunity was given on prosecution side and defence is being discouraged which shows the Hon'ble Court bent on passing some sentence. When brought to notice of Hon'ble Court, Court advice defence to take advantage of false witness. Also Xerox copies were marked as exhibits by prosecution without originals which are manipulated ones. Defense is denied. The Hon'ble Court itself marks signature in some documents in support of prosecution and leave some documents without marking. Further witness gives false statement and when confronted, witness says he does not remember. These aspects were recorded in Judicial proceedings. I am party in person in the case.

View/advice/guidance on the above may kindly be mailed with citations if any to: vjkumaru@indiatimes.com

I would like learned senior Members in Law, Judiciary to offer their considered view/advice as to what action needed to be taken in such situation.

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6 Replies

david vijaykumar (govt. servie) 24 April 2008

I would like learned senior members to kindly react on the above.

Kanhaiya Singh (Advocate) 24 April 2008

It appears that you are interested for the defence side in the particular case.By mere marking a document(Xerox copy etc.)will not make the same admissible under the Evidence Act.Moreover,if defence is denied, petition(s) must be filed in the case before the same Court by mentioning the objection(s) clearly whether it is for the cross-examination or otherwise. Finally,you may get the case transferred to another Court.Regarding the improper/illegal conduct othe P.P.you may complain to the D.M.So far the saying of the witness that he does not remember; you should not worry as the same will go in your favour.

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David 28 April 2008

I'm not very familiar with the abbreviations used. Please tell me what "D.M." stands for? thanks!

Ajay kumar singh (Advocate) 28 April 2008

Please do not bother so much. You should raise each and every objection before the court in writing. Pleas file a petition to the court praying to alter its order of marking the xerox copy. If your petition stands rejected,move the higher court.You should also try to get your case transferred to some other court on the ground of conduct of the court and the P.P. The abbreviation D.M. Stands for District Magistrate.

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Kanhaiya Singh (Advocate) 28 April 2008

DM stands for District Magistrate who is the overall incharge of the prosecution i.s, the State in a district. There is no provision in the Cr.P.C. to get an order corrected/modified/rectified by the same Court.Moreover any such action may be deemed to be a cotemptous act as well.

TSBehera (n/a) 04 May 2008

If you are sure of documents to be false and statements on solmn affirmation to be false and you have substancial evidence admissible in court ,please move a petition U/S 340 read with U/S 195 of Cr.PC for the offence of contempt of court and giving false evidence and producing false document and for making a complaint before the court under juridiction by the court itself.