S.M. Modak, J.

1. Adjudicating rights and liabilities of litigants is the prerogative of Courts. Always, there are more than two parties before the Court. Be it civil litigation or criminal prosecution. One party asserts and another party denies and in this process of churning, what results is the final outcome. We call it as outcome of justice. In this process, a churning, Court acts as a third person. But, some time there are occasion for the Court to relinquish their job of independent third party adjudicator and to become law settler. Such occasion arises when wrong/sins are committed in the proceedings of court and before the open eyes of the Court. And for maintaining the justice delivery system in fact, Court on its own is required to set the law into motion.

2. One of such occasion is when the witness attended the Court proceeding for giving evidence, tells one fact at one time and totally inconsistent fact at other time. With this somersault by this witness, Court resorts to its jurisdiction of punishing perjurer.

3. There was such an occasion for a Special Judge (under the Prevention of Corruption Act), Akola. He dealt with a Special Case No. 4/1999 against one Sam