UMRAO LAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Umrao Lal from his conviction and sentence under section 193, I. P. C. One Babu Ram was prosecuted for demanding a bribe from the applicant and the applicant was the principal witness in the case against him. He was examined-in-chief on 17-11-1950 and made the following statement:

(2.) THE following contentions were raised on his behalf:

(3.) REALLY the question is whether it is proved or not that the accused committed perjury. If he has made two statements which are so contradictory and irreconcilable that both cannot possibly be true, it means that one of them is false and if the other ingredients of the offence are made out, he can be convicted. It is only when the prosecution charges him with making a particular statement falsely, that it has to prove that that statement is false and not the other. In that case the mere fact and that he made the other statement conflicting with it would not suffice because it may very well be that the other statement was false and not the statement with: which he was charged. When all that is proved is that one of the two statements is false, it means that it is not proved that a particular statement is false. If the accused is charged with making that statement falsely, naturally the charge must fail. In -- 'r. v. Wheatland', (1838) 8 Car and P 238 (D), the accused made one statement before a magistrate and a wholly contradictory statement at the Quarter Sessions, he was prosecuted for perjury in respect of the latter statement and it was proved that the falsity of the latter statement could not be proved merely by the fact that it was contradicted by the earlier statement,