Team  SoOLEGAL

WITHOUT UNIMPEACHABLE EVIDENCE, NO PROSECUTION FOR PERJURY: Supreme Court

Team SoOLEGAL 4 Mar 2019 6:03pm

WITHOUT UNIMPEACHABLE EVIDENCE, NO PROSECUTION FOR PERJURY: Supreme Court

A Supreme Court bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran recently allowed an appeal, setting aside Bombay High Court order. The High Court, in Aarish Asgar Qureshi vs. Fareed Ahmed Qureshi, ordered prosecution of a man who allegedly made 'false statements' in his bail application.
The High Court had placed much reliance  on a report which was filed by investigating officer stating that the allegations made in the anticipatory bail application were false.
The Apex Court observed that to attract the offence of perjury, a statement should be deliberately and consciously made and that it is found to be false as a result of comparing it with contrary unimpeachable evidence, documentary or otherwise.
The bench held that:
"It is clear therefore from a reading of these judgments that there should be something deliberate - a statement should be made deliberately and consciously which is found to be false as a result of comparing it with unimpeachable evidence, documentary or otherwise. In the facts of the present case, it is clear that the statement made in the anticipatory bail application cannot be tested against unimpeachable evidence as evidence has not yet been led. Moreover, the report dated 12.11.2011 being a report, which is in the nature of a preliminary investigation report by the investigating officer filed only two days after the F.I.R. is lodged, can in no circumstances be regarded as unimpeachable evidence contrary to the statements that have been made in the anticipatory bail application."

Tagged: Evidence   ProsecutionzSupremeCourt   FalseEvidence  
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