STATE OF A P Vs. BADDEPUDI PENCHALAIAH

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the Special Public Prosecutor representing the State against the judgment of the Special judge for S. P. E. and A. C. B. Cases, Nellore, dated 20. 09. 2000 in C. C. No. 10 of 1998.

(2.) THE accused was tried for the offence under Sections 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption act, 1988. After full-fledged trial, the trial Court acquitted the accused by giving the benefit of doubt. In the impugned judgment, the learned specialjudge observed that PW. 1 gave false evidence before the trial Court, which is different from the version given by him before the magistrate under Section 164 of Cr. P. C. Therefore, he is liable to be prosecuted for perjury under Section 193 of the Indian Penal code.

(3.) AS per the procedure contemplated under Section 340 (1) of Cr. P. C. a complaint has to be filed by the Presiding Off icer against the witness, who committed the offence of perjury. Section 340 of Cr. P. C. reads as follows: