The Punjab and Haryana High Court set aside a complaint filed under Section 195 IPC and held that just because a person was acquitted in a criminal case doesn't automatically imply that false evidence was given against such a person and if such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant at the instance of a private individual.
Brief Facts:
An FIR was registered against the petitioner and his father under Sections 148, 149, 323, 452, 506 IPC at the instance of the respondent wherein the Magistrate Court after the conclusion of the trial acquitted them. The petitioner then filed a complaint under Section 195 IPC against the respondent alleging that he had known that, at the time of the alleged incident, he had been admitted to the hospital accompanied by his father and that he and his father had pleaded alibi which was accepted leading to their acquittal therefore, the respondent had committed an offence under Section 195 IPC which was dismissed by the trial court. The present petition has been filed under Section 482 CrPC against this judgment.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner contended that the accused had not only given false evidence in the court but had also got false statements recorded before the investigating agency and thus the petitioner was within his rights to institute the instant complaint without resorting to the provisions of Section 195 CrPC and there was sufficient oral and documentary evidence on the record to summon the accused to face trial.
Observations of the Court:
The court further stated that there was no finding as to giving of false evidence by the accused in the judgment of acquittal and merely because the petitioner was acquitted would not by itself be a ground to hold that false evidence had been given during the course of proceedings of that case and if such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant at the instance of a private individual and this kind of practice cannot be encouraged as there would be no end to frivolous litigation.
The decision of the Court:
The court found the petition devoid of any merits and dismissed it.
Case Title: Zile Singh vs. Joginder Singh and ors.
Coram: Hon’ble Mr. Justice Jasjit Singh Bedi
Case No.: CRM-M-22390-2016 (O & M)
Advocate for the Applicant: Mr. Lajpat Sharma
Advocate for the Respondent: Mr. Neeraj Poswal
Read Judgment @LatestLaws.com
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