Arvind 21 May 2018

Perjury

Sir, a maintenance case u/s CrPC 125 against me filed by my wife was disposed of without considering my evidence and judge has order only on the statement of my wife without any corobrotive evidence. She has made false statement of which we had denied her claims, but still judge without taking any of our documents, passed order of maintenance. Now I have come to know about perjury, can i file it now, they have filed for recovery of arrears. the case was disposed in Nov 2016. Please Help me

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 May 2018

Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .