SALAH UDDIN vs State Ss — 2022 PLD 354 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 354 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: SALAH UDDIN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 340---F; S. 193; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALAH UDDIN VS State Ss. 193 & 195---Criminal Procedure Code (V of 1898), S. 340---False evidence---Giving or fabricating false evidence with intent to procure conviction of offence---Right of person against whom proceedings are instituted to be defended and his competency to be a witness---Scope---Marked difference exists between objective(s) of Ss.193 & 195 of P.P.C.---Section 193, P.P.C. speaks of all those who give false evidence for purpose of being used thereof at 'any stage of a judicial proceeding' while the later speaks about those who give false evidence with an intention to get any person 'convicted' for an offence which, per law, is not 'capital'---Section 195, P.P.C., is not applicable to the accused because an accused never acts as a witness for prosecution unless wears the status of 'approver'---Section 340 of Cr.P.C. does recognize the competency of accused to be a witness because purpose thereof is confined to give evidence on oath in 'disproof of the charges or allegations', hence can't be given the status of a witness in support of allegations (prosecution witness)---Such however, alone is not sufficient to allow an accused to cause prejudice to administration of justice which, never, appreciates false witnesses or false evidences, therefore, if he makes a false statement, he will be liable to be prosecuted under S. 193, P.P.C.

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