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Supreme Court of India 2024-08-13 allowed

JAMES KUNJWAL vs STATE OF UTTARAKHAND & ANR

Bench: 3 — B.R. Gavai, Sanjay Karol, K.V. Viswanathan

In Brief

The appellant was accused of rape and abuse and applied for bail, which was granted. The complainant sought to cancel the bail and alleged the appellant had filed a false affidavit before the High Court. Although the bail cancellation was dismissed, the High Court directed filing a complaint against the appellant for perjury. The Supreme Court allowed the appeal, holding that mere denial of the complainant's version in an affidavit does not constitute false evidence. To prosecute for perjury under Section 193 IPC, the court must find deliberate falsehood on a material matter, not mere inaccuracy or contradiction. Since no evidence of mala fide intent was shown and the circumstances were not exceptional, the direction to file a complaint was set aside and all related proceedings were quashed.

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Criminal Procedure False Evidence Perjury Bail Judicial Proceedings Evidence Law

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