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Why speedy trial and perjury ?

Page no : 2

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 June 2016

WHY PERJURY IS ESSENTIAL?

 

Dear Friends,

 

As you all may know that “Burden of proof” lies on prosecution in any criminal case since the basic concept of jurisprudence is “presumption of innocent” in criminal trial of accused party.

Please read Section 102 of Indian Evidence Act carefully. If prosecution is unable to adduce evidence to prove guilt of accused parties then accused will be automatically acquitted.

However, my suggestion is, the ultimate target of all accused should be – “to Prove the plaintiff as false” – to get ultimate relief.

If accused can prove the plaintiff as false then –

 

a) Charge will be framed on complaint in the same court u/s 211, 182, 193 IPCs

 

b) Accused party can prosecute complainant on defamation (IPC 499 read with 500 IPC), win it easily.

 

c) Accused can sue against the STATE for damages and claim compensation amount.

 

d) Even the accuse can prosecute the IO (Investigation Officer) for false charge sheet.

 

Now, to prove – “plaintiff as false” accused parity must adduce leading evidence since here “burden of proof” lies on accused party. Please check Section 103 of Indian Evidence Act – Burden of proof as to particular fact. – Here the said “particular fact” – is to prove that the “plaintiff as false”.

That is the reason Perjury (CrPC 340 read with 195 CrPC) petition is essential tool for further investigation/further inquiry along with leading evidences of accused. Please also know that adduce leading evidence is a must for accused party to prove – “plaintiff as false”.


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