EMPEROR Vs. TRIPURA SHANKAR SARKAR

JUDGEMENT

(1.) An application has been made to us by the Advocate-General, under Section 195 of the Criminal Procedure Code, for sanction to prosecute Tripura Shankar Sarkar under Section 193 of the Indian Penal Code.

(2.) The application is based on a petition presented, apparently, at the request of the Deputy Inspector-General of Police, and the Advocate-General has relied solely on the allegations contained in that petition and has placed before us no other materials. But it would be a very inadequate treatment of the case were we to dispose of it on these allegations alone, and to arrive at a just determination other matters must be considered. It may be conceded that a comparison of Tripura's deposition before the committing Magistrate with his evidence given in this Court, discloses contradictory statements; but it would be a dangerous doctrine to hold that this alone would justify us in granting a sanction to prosecute for giving false evidence. It is necessary for us to consider how it has come about that there are these contradictions, and how it is that Tripura has resiled in this Court from the statements he made before the Magistrate.

(3.) Tripura was examined as a witness before us, and we are thus in the best possible position for the purpose of appreciating the truth of what he stated before us.