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Queen-empress Vs. Ajudhia Prasad - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1895)ILR17All436
AppellantQueen-empress
RespondentAjudhia Prasad
Excerpt:
act no. xlv of 1860 - (indian penal code), section 193--fabricating false evidence--report made by amin executing a civil court's decree that he had been obstructed--similar report to police--subsequent deposition in court--alternative charges. - .....c.j. and banerji, j.1. it is very probable that ajudhia prasad's evidence given in december was false evidence, but it has not been shown to us that it has been proved to have been false evidence. the evidence given in december was inconsistent in material points with the statement made in the report submitted to the court of small causes and made to the police. but there is nothing to show whether it was the earlier statements which were false or the evidence given on the trial which was false. in our opinion he could not have been convicted under section 193 of the indian penal code in respect of the statement made to the police, nor in respect of that made in the report in the court of small causes. we do not think that on either occasion he was fabricating evidence, even assuming.....
Judgment:

John Edge, Kt., C.J. and Banerji, J.

1. It is very probable that Ajudhia Prasad's evidence given in December was false evidence, but it has not been shown to us that it has been proved to have been false evidence. The evidence given in December was inconsistent in material points with the statement made in the report submitted to the Court of Small Causes and made to the Police. But there is nothing to show whether it was the earlier statements which were false or the evidence given on the trial which was false. In our opinion he could not have been convicted under Section 193 of the Indian Penal Code in respect of the statement made to the Police, nor in respect of that made in the report in the Court of Small Causes. We do not think that on either occasion he was fabricating evidence, even assuming that the statements were false. Consequently it became necessary for the prosecution to prove that the evidence given in the trial in December was false. We allow the appeal, set aside the conviction and sentence, and acquit Ajudhia Prasad of the charge. The recognizances will be discharged.


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