Fabricating false evidence

Adityakumar Jain (Querist) 21 May 2016 This query is : Resolved
Giving / Fabricating False Evidence:

01. I am the original COMPLAINANT; in an offence of forging & fabricating false document in BACK DATE of year 2002, forging my signature therein and submitting it to government office for unlawful advantage in 2008 by using it as genuine; wherein Charge-Sheet is filed against 2 accused u/s- 420, 465, 467, 468, 471, 201 r/w-34 of I.P.C.

02. During investigation Police had taken statement of Mr. Joshi (doing liaison work) who had submitted said forged document to govt. office. He stated to Police that 2 accused in 2002 visited his office with original of that document (i.e. fabricated one), he made xerox from it, certified it & submitted to Govt. office in 2002 itself. I obtained copy of this statement of Mr. Joshi in Dec.-2014.

03. But there are 4 documentary evidences proving that fabricated document was submitted by Mr. Joshi in year 2008 and not in 2002. Even Mr. Joshi has deposed under oath, subsequent to giving of said statement to Police, to other Court that he has submitted it in 2008. Thus Mr. Joshi has given false evidence to Police to save him from offence and to create a picture that document is genuine.

My Query:

(a) Can it be construed that Mr. Joshi has given false evidence and/or fabricated false evidence.

(b) Can he be tried under S-191, 192 of IPC and liable for punishment u/s-193 of IPC.

(c) Can I directly register case against Mr. Joshi at Ld. Magistrate Court, instead of going to Police.

(d) OR- it is mandatory to register case at local Police station.

(e) Can Mr. Joshi is considered a part of criminal conspiracy (S-120A of IPC) with 2 Charge-Sheeted accused, because he has submitted forged & fabricated document to Govt. office.

(f) If Mr. Joshi, to save his skin, state that he was not aware that document was forged & fabricated, even then he becomes a part of criminal conspiracy (S-120A of IPC) with 2 Charge-Sheeted accused.

If possible, esteemed experts are humbly requested to give point wise reply.

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Sudhir Kumar, Advocate (Expert) 21 May 2016
how are you connected to case.

what was the document and whether it has been proved as forged.

any forensic test of document?

Adityakumar Jain (Querist) 21 May 2016
Shri Sudhir Kumar Sir,

As I mentioned, my signature is forged therein, Police have obtained opinion of State Examiner of Document proving that my signature is forged.

Further, the question is giving intentional wrong information to Police by liaison man that he submitted it 2002 though he knows that he submitted it in 2008 and 4 documentary evidences substantiating same, is considered as giving/fabricating false evidence u/s- 191 & 192 of IPC.

P. Venu (Expert) 22 May 2016
The query lacks clarity. Your purported clarification further confuses.

Rajendra K Goyal (Expert) 22 May 2016
The statement before the court is acceptable and given before police may not be acceptable.

You can discuss with your lawyer to explore the scope whether what line of action need to be adopted against Mr. Joshi.

Adityakumar Jain (Querist) 22 May 2016
Goyal saab thank you very much for your feed back.

May I request to your goodself to give your opinion about queries (a) to (f) so that it would be easy for me to decide further line of action.

However in any events I will always appreciate for valued feedback given.