Law: Penal Code (XLV of 1860)

Section: 193

Law: Criminal Procedure Code (V of 1898)

Section: 161

Penal Code (XLV of 1860)--- ---S.193---Criminal Procedure Code (V of 1898), S. 161---False evidence---Appreciation of evidence--- Contradiction in statements made before Investigating Officer and in Court---Scope---Accused, during his examination-in-chief, had deviated from his statement recorded under S. 161, Cr.P.C. as such he was convicted under S. 193, P.P.C.---Statement recorded by Investigating Officer under S. 161, Cr.P.C. did not enjoy the sanctity of a statement recorded under S.164, Cr.P.C., which was recorded before a Judicial Officer---Prosecution had not got the accused declared to be a hostile witness nor was he cross-examined by the prosecution---Accused could not be charged for giving false evidence, in circumstances---Accused could only be charged for giving false evidence if such evidence was contradicted to the established fact or contrary to his earlier statement recorded before the same court or any other court of law---Accused could not be held responsible for giving false evidence only because his deposition was contrary to his statement recorded by the Investigating Officer---Impugned was set aside and the accused was acquitted of the charge. ORDER FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The applicant has challenged the Judgment dated 10.01.2013 passed by learned Additional Sessions Judge-II, Dadu, passed in Cr. Appeal No. 17/2012, whereby the conviction and sentence awarded to the applicant by the trial Court i.e. the learned Judicial Magistrate-II, Dadu. The learned Judicial Magistrate has awarded sentence of rigorous imprisonment for 3 years and fine of Rs.20,000/- for an offence under Section 193, P.P.C. with benefit of Section 382-B, Cr.P.C. It was also directed by the learned trial Court that in default of payment of fine, the applicant has to undergo six months' simple imprisonment more. 2. It is the prosecution case that learned Additional Sessions Judge-I, Dadu filed a Direct Complaint against the applicant stating therein that on 09.05.2011, accused SIP Muhammad Jumman Meno had already arrested one Nazeer @ Nazroo Mashori wanted in Crime No. 07 / 2010, 08/2010, 09/2010 of PS Fareed Dero, Crime No. 21/2006 and 110/2010 of PS Tharo…

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