Law: Oaths Act, 1873

Section: 13

  Oaths Act (X of 1873)--- ----S.13---Scope---Curative and validating provision of S.13 of Oaths Act, 1873, is unqualified in its terms and there is nothing in it to suggest that it is to apply where the omission to administer the oath to a witness occurs per incuriam. Muhammad Tahir v. The State P L D 1984 Pesh. 56 and Nazar Muhammad v. The State P L D 1986 Pesh. 32 distinguished. Muhammad Sugal Esa Mamasan Rer Alalah v. The King A I R 1946 PC 3 rel. Penal Code (XLV of 1860)-- ----S.193---Where a person gives false evidence, the fact that no oath was administered to him is no bar to his prosecution under S.193, P.P.C. Moti Ram v. Emperor A I R 1925 All. 410 rel. Criminal Procedure Code (V of 1898)--- ----S.476---Penal Code (XLV of 1860), S.193---Section 476, Cr: P.C. was substituted by Law Reforms Ordinance, 1972, with a view to take a prompt and adequate action by adopting summary procedure---Conclusions drawn by Sessions Court were borne out from record and there was no reason for the Court to have deferred the prosecution of accused till the disposal of main case. Nazar Muhammad v. The State P L D 1986 Pesh. 32 ref. Penal Code (XLV of 1860)--- ----S.193---Perjury---Parties appeared to have compromised out of Court-- Accused who was real son of deceased in order to secure the release of accused persons in an offence which was compoundable under Islamic Laws but could not be compromised under the law of land, resiled from his statement recorded on oath under S. 164, Cr.P.C.---Accused, held, was rightly convicted under S. 193, P.P.C. Penal Code (XLV of 1860)--- ----S.193---Sentence---Perjury is one of the heinous offences, but looking to the customs prevalent in society and taking into consideration the fact that such compromise is permissible by the Holy Quran, accused, held deserved maximum leniency---Sentence of six months' R.I. was consequently reduced to that already undergone by accused. Samiullah Qureshi for Appellant. Zawar Hussain Jafferi A: A.G. for the State. Date of hearing: 27th March, 1990. JUDGMENT Appellant Muhammad Ishaque was a prosecution witness in Crime No. 168 of 1987, `A' Section P.S. Sukkur, under section…