wrong affidavit
INDIAN LADY
(Querist) 28 April 2014
This query is : Resolved
Respected Experts , After 125 from meIinterrlim is decided by court and my husband has gone for revision where he has filed the affidavit that beacuse police had arrested him due to FIR of 498a , and he was having the stationery shop in a reputed college so college management has taken objection on that and college had get vaccated his shop so he is unemployed now. Where as truth is police has not arrested him in college , he himself had surrendered affter rejection of bail from session court. college has vaccated his shop due to some other arrangement and given him alternate open space where he has constructed his shop him self by putting tin walls and tin roof. Now we are having the photographs with me where he is attending the customers . Now my query is 1 )what action we can take abt his wrong statement to the court on affidavit. 2) The photograph is sufficient as proof or any other proof is required ? 3 ) What is the punishment in law for filing the wrong statement on affidavit ?
Devajyoti Barman
(Expert) 28 April 2014
Such wrong statements are not amenable for punishment. You have enough proof in your support and your husband is unlikely to succeed in Revision case on these premises.
ajay sethi
(Expert) 28 April 2014
rely upon these photographs to prove that false statements are made on oath .
but issue would be how you prove these photographs have been taken now and not earlier .
send some one as a customer and obtain purchase bill of some stationery purchased from said shop recently
ajay sethi
(Expert) 28 April 2014
file an application u/section 340 Cr.P.Cfor filing false evidence
INDIAN LADY
(Querist) 28 April 2014
Mr. Sethi , yes you r right that how to prove to when these photographs are taken . for this my first prove is his earlier shop and now present shop . The current photos are taken thru digital camera and which acn give date and time on the photo but on developing the photo date and time is not coming so for this we can present the camera in the court to prove this . will it work or not ?
ajay sethi
(Expert) 29 April 2014
i told you in addition to photographs buy some books or some other stationery material from his shop . get bill signed by him . produce it in court . it would show statement made in revision application that he is unemployed is blatant lie
