RAMESH SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) A criminal complaint case was filed by the
Sessions Judge, Udham Singh Nagar on 23.12.2006
against Ramesh Singh Bisht, who was a juvenile in
conflict with law, before the Juvenile Justice Board,
Udham Singh Nagar. Said complaint was filed under
Sections 191 and 193 of IPC.
(2.) The reason for filing the complaint against
the juvenile in conflict with law was that he gave
contrary statements under Section 164 of Cr.P.C. and
before the trial court.
(3.) Section 191 of IPC deals with 'giving false
evidence' and Section 193 of IPC provides for
punishment for false evidence. The opening sentence
of Section 191 of IPC is 'Whoever, being legally
bound by an oath or by an express provision of law to
state the truth ..'. A perusal of statement of
Ramesh Singh Bisht under Section 164 of Cr.P.C. will
indicate that when the same was recorded by the
learned Addl. Chief Judicial Magistrate, oath was not
administered to the deponent. Section 164(5) of
Cr.P.C. empowers the Magistrate, who records
statement under Section 164 of Cr.P.C., to administer
oath to the person whose statement is about to be
recorded. Section 191 of IPC is, therefore, not
attracted, and, hence, there is no question of application
of Section 193 of IPC in the present case.;
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