RAMESH SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-8-1
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on August 01,2013

RAMESH SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (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.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.