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Evenmore (Private)     11 September 2015

Question

Dear Members,

I have a general question. This happens in many cases we come across.

Complainant has filed a case in City X
Accused lives in City Y

Let us assume that a complainant makes 10 allegations say A1, A2...A10 in the FIR/Chargesheet. During cross examination, the same complainant gives a reply which is opposite/contradicts the allegations A3,A5,A7 complainant has made in the FIR/Chargesheet.

Trial is going on. Trial will take some time to complete.

[b][u]Questions [/u][/b]
1. Does the contradictory deposition against allegations in FIR/Chargesheet amount to Perjury ?
    If answer is YES,
       a. Kindly let me know what sections of  IPC/CRPC can a complaint registered against the complainant.
       b. Is it advisable to file Perjury during the trial ? Is it a good strategy ? What will happen if Perjury is filed against the       complainant for the part of allegations ?
       c. Can the accused file a complaint/case against the complainant in City Y
       d. What is the procedure for filing the complaint?
       e. When there is an advocate representing the accused in the present case, can the accused file a perjury application through a another advocate or party in-person?

2. Can the accused file any cases in City Y based on contradictory using the certified copies of FIR/Chargesheet & depositions of the complainant.
IF YES, kindly let me know under what sections the accused can approach the court ?
Also, let me know if it is good strategy to file the cases or should the accused wait till the conclusion of the main case which may take long time.
Will there be any benefit or loss by filing any case against the complainant in City Y by the accused ?


Kindly provide your valuable suggestions.

Thanks in advance.



 1 Replies

AS   14 September 2015

1. Does the contradictory deposition against allegations in FIR/Chargesheet amount to Perjury ?
    If answer is YES,

Depends ..ok kind of lie ...

i dont remember if number 9999999999  is my father number of not is not a pergury ...

Hidding you job/salary in 125 or hma 24 is perjury


       a. Kindly let me know what sections of  IPC/CRPC can a complaint registered against the complainant.

340,191 etc depends

       b. Is it advisable to file Perjury during the trial ? Is it a good strategy ? What will happen if Perjury is filed against the complainant for the part of allegations ?

Yes its good strategy.


       c. Can the accused file a complaint/case against the complainant in City Y

Depends ...if something new incident happened in city Y then yes
       d. What is the procedure for filing the complaint?

Depends again if its criminal case then do FIR
       e. When there is an advocate representing the accused in the present case, can the accused file a perjury application through a another advocate or party in-person?

Party in Person

2. Can the accused file any cases in City Y based on contradictory using the certified copies of FIR/Chargesheet & depositions of the complainant.
IF YES, kindly let me know under what sections the accused can approach the court ?
Also, let me know if it is good strategy to file the cases or should the accused wait till the conclusion of the main case which may take long time.
Will there be any benefit or loss by filing any case against the complainant in City Y by the accused ?

No pergury has to file is same court where he/she lied.


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