Court initiates proceedings against prosecutrix for perjury
18/01/2019
JAMMU, JAN 17: Principal Sessions Judge Samba, MK Sharma, while acquitting an accused of kidnapping Sanjeev Kumar S/O Jankar Singh S/O Rakh Amb Tali Samba, has issued notice to prosecutrix for facing trial for commission of perjury.
Court while acquitting accused observed that it is necessary to point out that the victim in this case has turned hostile and she did not support the prosecution for whom she was cited as witness. It is a serious issue. The statements of this witness was recorded under section 164-A Cr.P.C before the Learned Judicial Magistrate First Class/Munsiff Samba. The victim has admitted while deposing before this Court that her statement was recorded in the Court of JMIC/Munsiff, Samba. While deposing before this Court during trial she resiled from her earlier statement and has made contradictory statement. I cannot say at this stage as to which statement out of the two which she has made is true and which is false. The adversarial system of justice delivery is based upon the evidence. If these things are not taken seriously and the guilty punished, the day is not far when the system as a whole will collapse. It is the mandate of section 164-A Cr.P.C that the person makes the statement voluntarily and the Magistrate recording the statement makes an endorsement to this effect. I shall proceed against the victim whose statement during investigation under section 164-A Cr.P.C was recorded. Let show cause notice be issued to the victim to explain as to why she may not be proceeded for making false statement. JNF
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