Punjab and Haryana HC: ‘Resiling from statement does not call for perjury proceedings’https://indianexpress.com/article/cities/chandigarh/punjab-and-haryana-hc-resiling-from-statement-does-not-call-for-perjury-proceedings-5389059/

Punjab and Haryana HC: ‘Resiling from statement does not call for perjury proceedings’

“The trial court has not recorded any satisfaction that it is necessary and expedient in the interest of justice.." said the high court.

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Justice Harminder Singh Madaan, in the judgment, said though the complainant did not support the case of prosecution during the trial but the trial court in its showcause notice issued under the Section 344 CrPc has not provided any reasoning for its decision

A SHOWCAUSE notice issued to a woman by a sessions court for making a U-turn in a case of attempt to rape, filed by her, has been quashed by the Punjab and Haryana High Court, which has ruled that merely resiling from statement does not call for action under the law against giving false evidence in a case.

Justice Harminder Singh Madaan, in the judgment, said though the complainant did not support the case of prosecution during the trial but the trial court in its showcause notice issued under the Section 344 CrPc has not provided any reasoning for its decision. “The trial court has not recorded any satisfaction that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, false evidence,” the judgment passed on October 1 reads. “Unless, it was so done, notice under Section 344 CrPC could not have possibly being issued to the complainant.”