S.195 IPC | Mere Acquittal In Criminal Case Doesn't Give Presumption That Complainant Tendered False Evidence: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that just because a person is acquitted in a criminal case doesn't automatically imply that false evidence was given against such person.

While dismissing one such complaint under Section 195 IPC of an acquitted person (complainant herein), bench of Justice Jasjit Singh Bedi held,

"Merely because the petitioner-complainant was acquitted...would not by itself be a ground to hold that false evidence had been given during the course of proceedings of that case. If such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant-party at the instance of a private individual."

This kind of practice cannot be encouraged as there would be no end to frivolous litigation, added the Court.

In 2003, a FIR was registered against Zile Singh (complainant herein) and his father under Sections 148, 149, 323, 452, 506 IPC at the instance of Joginder Singh (respondent herein). On the conclusion of the trial, the Magistrate Court acquitted them.

Zile then filed a complaint under Section 195 IPC against Joginder Singh with the allegations that the he had known that, at the time of the alleged incident, Singh had been admitted in hospital accompanied by his father-Surat Singh. He further said that he and his father had pleaded alibi which was accepted leading to their acquittal therefore, Joginder had committed an offence under Section 195 IPC.

The Magistrate Court concluded that there was no specific finding recorded by the Trial Court to the effect that Joginder Singh had given false evidence against the complainant. The same was affirmed by the ASJ in revision proceeding.

Perusing Section 195 IPC, the High Court said, "Section 195 Cr.P.C. would show that where false evidence is given in Court then, proceedings can be initiated only on the basis of a complaint in writing by that Court or of some other Court to which that Court is subordinate. No proceeding can be maintained at the instance of a private individual even though he may be the person aggrieved in some manner. In the instant case, no such complaint has been instituted at the instance of the Court."

Consequently, the plea was dismissed.

Lajpat Sharma, Advocate, for the petitioner.

Neeraj Poswal, AAG, Haryana, for respondent No.4

Case Title: Zile Singh v. Joginder Singh and ors.

Case Citation: LiveLaw (PH) 169

Click here to read/download the order.