This Appeal is directed against the judgment and order dated 22nd February, 1993 passed by the Additional Sessions Judge, Greater Bombay thereby setting aside the judgment of Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai and acquitting respondent no. 1 from the charges under section 193 read with 191 of the Indian Penal Code.

2. The appellant is an Income-tax Officer through whom the Income-tax department has filed this Appeal. One K.K. Gupta, 1st Income-tax Officer of AII Ward, Mumbai had lodged the complaint against the respondent for committing offence of perjury under section 193 r/w. 191 of the Indian Penal Code. On 8th January, 1975 said Income-tax officer along with his staff had searched the residential premises of respondent no. 1 at Ocean View, Warden Road, Mumbai. During the search, they found huge quantity of silver and gold coins, miniature paintings, foreign currency notes. The coins were valued Rs.2,67,000/. The miniature paintings were valued Rs.40,000/.

At the relevant time, the Income-tax officer recorded his statement under section 132(4) of the Income-tax Act, 1961 (hereinafter referred to as “The Act”). Under the said section, he