EARLY TIMES REPORT
JAMMU, June 16: In a rarest of rare case, the Court has issued perjury proceedings against a complainant.
CBI Court in a significant order issued perjury proceedings against Jeet Singh s/o Pritam Singh, R/o Panasa, Tehsil and District Reasi resiled from the written complaint made by him but also his statement during investigation under section 161 CrPC, failing which Court had acquitted the PK Shangloo, the then Manager of the Punjab National Bank, Branch Reasi in trap case.
Special Judge CBI Jammu Rajesh Sekri after hearing both the sides said that in the present case the respondent being under matric, having made the complaint in his handwriting and signed his statement under section 161 CrPC only after the same was read over and explained to him in Hindi and Dogri, prima facie it appears that there was an intentional attempt on his part to screen the accused from the reasonable, probable or likeably conviction.
‘Mens rea’ or intention is the essence of the offence of perjury. It is trite that intention being a state of mind, can be proved as a fact by cogent, convincing and reliable evidence in a trial only. Similarly the defence of unintentional or unconscious act, raised by the respondent can also be established in accordance with law in a full dressed trial only, Court said.
With these observations Special Judge CBI after hearing Special PP Vijay Dogra for the CBI observed that the respondent having failed to satisfy as to why he be not prosecuted for perjury, Ld. CJM Jammu is directed to treat the order dated 30.11.2016 passed by this Court as also the present order as a complaint in terms of section 479-A CrPC and proceed with the prosecution of the respondent as an accused for the offence of perjury envisaged under section 193 RPC. The registry of this Court shall transmit the record along with copy of the judgment dated 30.11.2016 and statement of the respondent made in this court and under section 161CrPC with convenient dispatch to the trial court. It shall also make record of the case available, as and when need arises, to the trial Magistrate. JNF |
