1939 Supreme(Mad) 63

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Ganapathi Asari
Versus
Kuppuswamy Asari
Decided On : 09.02.1939

The deliberate false statement made by the petitioner in the deposition warranted the application of Section 193 of the Indian Penal Code and required a complaint by the Court under Section 195(1)(b) of the Criminal Procedure Code.

Headnote:

False Statement - Defamation - The court set aside the conviction and sentence of the petitioner under Section 500 of the Indian Penal Code due to the deliberate false statement made in the deposition, which fell under Section 193 of the Indian Penal Code and required a complaint by the Court under Section 195(1)(b) of the Criminal Procedure Code.

Fact of the Case:

The defamatory statement was made in the deposition of the petitioner as a witness in C.C. No. 193 of 1938 on the file of the Sub-Magistrate of Chengam, and it was found to be deliberately false.

Finding of the Court:

The court set aside the conviction and sentence of the petitioner under Section 500 of the Indian Penal Code and ordered the refund of the fine, as the offence committed fell under Section 193 of the Indian Penal Code, which required a complaint by the Court under Section 195(1)(b) of the Criminal Procedure Code.

Issues: The issue was whether the deliberate false statement made by the petitioner in the deposition warranted the application of Section 193 of the Indian Penal Code and required a complaint by the Court under Section 195(1)(b) of the Criminal Procedure Code.

Ratio Decidendi: The deliberate false statement made by the petitioner in the deposition fell under Section 193 of the Indian Penal Code, and as per the provisions of Section 195(1)(b) of the Criminal Procedure Code, the offence could not be taken cognizance of without a complaint by the Court.

Final Decision: The court set aside the conviction and sentence of the petitioner under Section 500 of the Indian Penal Code, and ordered the refund of the fine.