38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Court US 344 CrPC Can Take Cognizance At The Time Of Delivering Judgment Or Final Order Kerala HC [Read Judgment]

By LawStreet News Network      25 June, 2019 12:00 AM      0 Comments

The Kerala High Court on June 24, 2019, in the case of Sajan Mathew v. State of Kerala has held that legitimate stage when the court could take cognizance of offence of perjury invoking Section 344 of the Code of Criminal Procedure, 1973, is the time of court delivering the judgment or final order terminating the proceeding before it.

The judgment was passed by Justice T.V. Anilkumara on a petition filed under Section 482 CrPC challenging the order passed by the Grama Nyayalaya, Kattappana initiating criminal proceedings against the petitioner following its decision to proceed against him under Section 344 of the Code.

The petitioner was a defence witness in an accident case deposed before the Grama Nyayalaya that the accident was the result of negligence of the scooterist and not that of the bus driver. Grama Nyayalaya formed an opinion that he was uttering false hood with the sole intention of saving the accused from the clutches of criminal charge. On the same day, the Nyayalaya ordered registration of case against him, invoking powers under Section 344 CrPC.

Section 344 CrPC provides for summary trial of persons who are guilty of perjury. In order that provisions of Section 344 may apply, the court is under a statutory duty to form an opinion that the witness appearing in the proceeding before it has knowingly or willfully given or fabricated false evidence.

Taking note of the provision, the court said that "A meticulous reading of the Section would make it clear that the offence made punishable under Section 344 is committed only when the witness had knowingly or willfully given false evidence or had fabricated evidence with the intention that such evidence should be used in the proceeding before the court. To put it otherwise, an act of witness not being willful or intentional cannot be said to constitute an offence of perjury liable to prosecution under Section 344 of the Code. In order to enable the court to form an infallible opinion as to the true knowledge or intention with which the witness testified in the proceeding and further to decide on the proposed action, it is incumbent on the court to wait for the completion of entire evidence and final arguments in the case because the opinion to be formed must be the outcome of appreciation of entire evidence recorded by it. Any haste shown by the court in the course of trial and any hurried opinion formed in this respect will result in premature consideration of the matter disabling the court from clearly and precisely assessing the truth or reliability of the statement of the witness in its proper perspective."

The court also noted that the impugned order of the Grama Nyayalaya taking cognizance of offence of perjury against the petitioner was passed without completing trial and before delivery of judgment or final order.

"It is true that the learned Nyayadhikari has tried to assign reasons which appeared to be just and proper to him to form an opinion that the petitioner had willfully given false evidence. But law doesn't permit such a premature opinion being formed at an early stage of the proceeding since such an approach cannot be said to be conducive to the smooth progress of trial and in certain cases, such a pre-judged action is likely to put a witness of truth also in terror. Therefore, the legitimate stage when the court could take cognizance of offence of perjury invoking Section 344 of the Code is the time of court delivering the judgment or final order terminating the proceeding before it,” the court said.

The learned counsel, appearing for the petitioner pleaded before the court that the impugned order is liable to be set aside as the Grama Nyayalaya failed to give the petitioner a reasonable opportunity to show cause why prosecution as contemplated by Section 344 ought not to be initiated.

The court, however, rejected the plea holding that Section 344 does not oblige the court to give opportunity to the offender to be heard as to why prosecution should not be initiated against him.

"Once the court determines to proceed against the perjurer under Section 344 and takes cognizance of offence of perjury, no offender can complain that he was not heard in the matter and consequently cognizance is illegal. This is because of the widely accepted principle of criminal jurisprudence that an accused has no right to be heard at the stage prior to issue of process against him. All that he is entitled under Section 344 is to an opportunity to contest the charge of perjury in accordance with the procedure established for trial of summons case after the offence is taken cognizance of and notified to him,” the court said.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email