Merely Because Complainant Stands Acquitted In FIR Is No Basis To Hold That False Evidence Was Given During Course Of Proceedings: P&H High Court

Finding that there was no specific finding in the judgment of acquittal as to giving of false evidence by the respondents/accused (complainant party in the said prosecution), the Punjab & Haryana High Court observed that 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 if presumption of submission of false evidence was accepted.

A Single Judge Bench of Justice Jasjeet Singh Bedi observed that “merely because the petitioner-complainant was acquitted in FIR No. 521 dated 27.09.2003 would not by itself be a ground to hold that false evidence had been given during the course of proceedings of that case”.

Advocate Lajpat Sharma appeared for the Petitioner, whereas AAG Neeraj Poswal appeared for the Respondent.

The brief facts of the case were that an FIR under Sections 148, 149, 323, 452, 506 IPC was registered against Zile Singh (petitioner-complainant), his father-Surat Singh and others at the instance of Joginder Singh (first respondent). On the conclusion of the trial, the Judicial Magistrate acquitted the petitioner and his co-accused. Thereafter, the petitioner filed a complaint under Section 195 IPC against the respondents alleging that they had known that, at the time of the alleged incident which was the subject matter of FIR, the petitioner was admitted in hospital and had been accompanied by his father, and therefore, as the petitioner and his father had pleaded alibi which was accepted leading to their acquittal, the respondents had committed an offence under Section 195 IPC. The Judicial Magistrate however concluded that there was no specific finding in its judgment of acquittal to the effect that the respondents had given false evidence against the petitioner. The Magistrate therefore dismissed the complaint.

After considering the submission, the Bench found from a perusal of Section 195 CrPC that where false evidence is given in Court then, proceedings can be initiated only based on a complaint in writing by that Court or of some other Court to which that Court is subordinate.

However, the Bench clarified that 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, added the Bench.

Emphasizing that such kind of practice of filing a complaint cannot be encouraged as there would be no end to frivolous litigation, the High Court dismissed the petition.

Cause Title: Zile Singh v. Joginder Singh and Ors. [Neutral Citation: 2023: PHHC: 116098]

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