Law: Penal Code (XLV of 1860)

Section: 193

Law: Criminal Procedure Code (V of 1898)

Section: 476,195,161

Penal Code (XLV of 1860)--- ----S.193---Criminal Procedure Code (V of 1898), Ss.476, 195 & 161---False evidence--- Non-cognizable offence--- Procedure in cases mentioned in S. 195, Cr.P.C.---Examination of witnesses by police---Statement not given on oath---Scope---Trial Court, after acquittal of accused persons, charged the applicant/prosecution witness for offence under S. 193, P.P.C.---Applicant was a witness of the incident and his statement during the course of investigation was recorded by the police under S. 161, Cr.P.C. and it was not on oath---Applicant was not declared to be hostile by the prosecution which suggested that whatever was stated by the applicant was accepted by the prosecution to be impliedly true---Accused persons were acquitted with the conclusion that the prosecution had not been able to prove its case against the accused---Failure of the prosecution to prove its case could hardly be attributed to the applicant alone---Initiation of proceedings against the applicant were not justified and were set aside THIS ORDER PASSED BY: IRSHAD ALI SHAH, JUSTICE:---.--- The facts leading to disposal of instant Criminal Miscellaneous Application are that the FIR crime No.35 of 2018, under sections 386, 337-H(2), P.P.C. read with sections 6/7 of A.T.A. of Police Station Doulatpur, District Shaheed Benazirabad was recorded by the police at the instance of Ghulam Sarwar an official of HESCO Doulatpur. On due investigation, the accused involved in the said FIR were challaned by the police to face trial accordingly. 2. On due trial, all the accused involved in the said FIR were acquitted by learned Special Judge, Anti-Terrorism Court, Shaheed Benazirabad and Sanghar at Nawabshah vide his judgment dated 29.03.2019 by extending them benefit of doubt. While, recording such acquittal of the accused, complainant Ghulam Sarwar, PW Abdul Haq and PW Asghar Ali (applicant) were served with the notice by learned trial Court to show-cause as to why the prosecution for giving false evidence should not be initiated against them. 3. Complainant Ghulam Sarwar, PW Abdul Haq and PW Asghar Ali (applicant) furnished their replies to the said show cause notices.…

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