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In Re: Nattava Parankusam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1914)ILR37Mad564
AppellantIn Re: Nattava Parankusam
Excerpt:
criminal procedure code (act v of 1898), section 195 - sanction for perjury, not desirable in public interests. - - 4. they should not merely see that there is a good prospect of conviction, but should also consider whether the circumstances are such as to render a prosecution desirahle in the public interests.order1. we do not think that this is a case in which the interests of justice call for a prosecution for perjury.2. the accused is a girl of 15 years, and the perjury alleged is in her having made contradictory statements about her mother having wordy quarrels with the man who was keeping the witness. the materiality of the statements is only remote, as suggesting a motive for the offence.3. we often have to notice that courts exercise little discretion in giving sanction to prosecute for giving false evidence.4. they should not merely see that there is a good prospect of conviction, but should also consider whether the circumstances are such as to render a prosecution desirahle in the public interests.5. we do not think the prosecution in this case is desirable. we revoke the sanction.
Judgment:
ORDER

1. We do not think that this is a case in which the interests of justice call for a prosecution for perjury.

2. The accused is a girl of 15 years, and the perjury alleged is in her having made contradictory statements about her mother having wordy quarrels with the man who was keeping the witness. The materiality of the statements is only remote, as suggesting a motive for the offence.

3. We often have to notice that Courts exercise little discretion in giving sanction to prosecute for giving false evidence.

4. They should not merely see that there is a good prospect of conviction, but should also consider whether the circumstances are such as to render a prosecution desirahle in the public interests.

5. We do not think the prosecution in this case is desirable. We revoke the sanction.


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