Case Note & Summary
The appellant, Shriram Munjaji Raut, was the complainant and prosecution witness No. 2 in Sessions Trial No. 8 of 2006, which arose from the death of his daughter Meerabai. The trial resulted in the acquittal of the accused persons for offences under Sections 498A, 306 read with 34 IPC. However, the learned Sessions Judge, Parbhani, issued a show cause notice to the appellant under Section 344 CrPC, alleging that he had given false evidence during the trial. The Sessions Judge, by judgment dated 29.6.2007 in Criminal Miscellaneous Application No. 18 of 2007, convicted the appellant under Section 344 CrPC and sentenced him to three months' rigorous imprisonment and a fine of Rs.500, with default sentence of seven days. The appellant appealed to the High Court. The High Court examined the scope of Section 344 CrPC, which provides a summary procedure for punishing false evidence. The court noted that the power under Section 344 CrPC is exceptional and should be exercised only when the court is satisfied that the witness has intentionally given false evidence with the object of obstructing justice. The court found that the appellant's deposition was largely consistent with the FIR, and the alleged contradictions were minor and did not amount to deliberate falsehood. The court held that mens rea is essential for an offence under Section 193 IPC, and the trial court had not established that the appellant made a false statement knowingly. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and directed refund of the fine if paid.
Headnote
A) Criminal Procedure - Perjury - Section 344 CrPC - Summary Procedure for False Evidence - The court examined the scope of Section 344 CrPC, which provides a summary procedure for punishing a person for giving false evidence in a proceeding before the court. The court held that the power under Section 344 CrPC should be exercised sparingly and only when the court is satisfied that the witness has intentionally given false evidence with the object of obstructing the course of justice. A mere contradiction between the FIR and deposition does not automatically constitute false evidence under Section 193 IPC, unless it is shown that the witness deliberately made a false statement knowing it to be false. (Paras 7-10) B) Criminal Procedure - Perjury - Section 344 CrPC - Mens Rea - The court emphasized that for an offence under Section 193 IPC (punishment for false evidence), mens rea is an essential ingredient. The court must be satisfied that the witness had the intention to give false evidence and that the false statement was made deliberately and not due to mistake, confusion, or lapse of memory. In the present case, the appellant's deposition was consistent with the FIR in material particulars, and the alleged contradictions were minor and did not affect the core of the prosecution case. Therefore, the conviction under Section 344 CrPC was not justified. (Paras 8-10) C) Criminal Procedure - Perjury - Section 344 CrPC - Appeal - The appellant, who was the complainant and PW2 in the original sessions trial, was convicted under Section 344 CrPC for giving false evidence. The High Court allowed the appeal, setting aside the conviction and sentence, holding that the trial court had not properly appreciated the evidence and had erroneously concluded that the appellant gave false evidence. The court directed that the fine, if paid, be refunded to the appellant. (Paras 11-12)
Issue of Consideration
Whether the conviction of a witness under Section 344 CrPC for giving false evidence is sustainable when the alleged falsehood is based on contradictions between his deposition and the FIR, and whether the summary procedure under Section 344 CrPC requires a finding of deliberate and wilful falsehood.
Final Decision
Appeal allowed. Conviction and sentence set aside. Fine, if paid, to be refunded to appellant.
Law Points
- Section 344 CrPC
- Section 193 IPC
- false evidence
- perjury
- summary procedure
- mens rea
- deliberate falsehood
- contradiction in testimony
