STATE OF MAHARASHTRA Vs. MANGESH

JUDGEMENT

(1.) While hearing group of criminal appeals i.e. Criminal Appeal Nos. 569/2013, 561/2013, 564/2013, 570/2013, 573/2013, 55/2014, 56/2014 and 73/2014, this Court prima-facie was of the view that PW 22 Deepak Trivedi has committed perjury within the meaning of Section 191 read with Section 193 of the Indian Penal Code. Hence, the following order was passed:-

(2.) In pursuance of aforesaid order, show cause notice dated 18/04/2015 was issued to PW 22 Deepak Trivedi (for short "PW 22") calling upon PW 22 to show cause as to why the prosecution for perjury should not be initiated against him.

(3.) In pursuance of the said notice, PW 22 appeared and filed reply. In his reply, PW 22 has offered an explanation that the incident had taken place in the year 2002 and the trial of the said crime began in the year 2012 i.e. after 10 years. Therefore, some mistake had taken place on behalf of PW 22 while identifying some accused persons. The mistake on the part of the PW 22 was due to long gap of period between the date of incident and the date of his deposition. The said mistake was not deliberate or intentional.