STATE Vs. DHANNA SEWA

JUDGEMENT

(1.) THIS is an appeal filed by the State Government under Section 417, Criminal procedure Code, against the order of the Additional District Magistrate, Ujjain, dated 16-12-1954 by which the respondent Dhanna was acquitted of a charge under Section 193, I. P. C.

(2.) THE respondent had given evidence in Criminal Case No. 8 of 1952 which was pending before the Sub-Divisional Magistrate, Mahidpur. He stated on 21-7-1952 as follows :

(3.) THE Additional District Magistrate who tried the case took the view that as the contradictory statements were made during the course of the same deposition, the respondent could not be charged in the alternative on the ground that one of the statements was false and could not be convicted in the absence of proof regarding the falsity of one of the two statements,