SHAMBHU NATH DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE short, but of some importance, question for determination in this appeal is as to whether the informant who resides from his earlier lodged F.I.R. by disowning its contents at trial, can subsequently be proceeded against on the charge of perjury.

(2.) THE facts of the case lie in a small compass, Shambhu Nath Dutta, the appellant, had got a case registered in Police Station, Dhanbad on 4-10-1989 alleging therein commission of rape on his daughter Kumari Rini by one Arvind Nath Sahay. THE Police, after carrying out investigations, had charge-sheeted Sahay. At the trial. Shambhu Nath Dutta appellant was examined as P. W. 4. In his that deposition, the appellant had admitted his signatures appearing on the F.I.R, but had not owned its contents. He had come out with the explanation that the police had obtained his signatures on a plain paper, and that they had subsequently, on their own, drawn up his purported statement on the same. THE trial had ended in acquittal of Sahay. However, notice was issued to the appellant for his showing cause as to why ho should not be prosecuted and punished under Section 344 of the Code of Criminal Procedure (hereinafter referred to as the Code) for his intentionally giving false evidence at the trial by not supporting the prosecution case in line with the version contained in the F.I.R. He had filed his reply inter alia, stating that he had not perjured himself at trial had maintained that he had not reported about the rape having been committed upon his daughter by Sahay, but the police had secured his signatures on a blank piece of paper and subsequently recorded his purported statement thereon, without reading over the contents of the same to him. Vide the impugned judgment, his explanation was found false, and he has been sentenced to undergo simple imprisonment for two months sod a tine of Rs. 50, or in default to undergo further simple imprisonment for fourteen days, under Section 344 of the Code. Feeling aggrieved, he has preferred this appeal.

(3.) FOR reasons stated above, this appeal succeeds and is hereby accepted. Conviction and sentence of the appellant are set aside, and he is acquitted of the charge. The appellant is on bail Hit bail bonds are cancelled, and he is discharged from the liabilities of the same.