Indian Penal Code, 1860 Sections 195,196,467,471 and 120B–Forgery–Using forged documents as genuine–Producing false evidence before the Court–Perjury–Appeal against acquittal–Scope of interference–
Held–In exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal–Further held–Perjury is a concomitant of a court of law, the question always being one of degree–Every incorrect or false statement does not make it incumbent on the court to order prosecution–The provisions of Section 340 are more or less procedural–Before directing a complaint to be lodged the court must form an opinion on being satisfied and come to the conclusion on such satisfaction that the person charged has intentionally given false evidence and that for the eradication of the evils of perjury and in the interest of justice, it is expedient that he should be prosecuted- Court below has not complied with the mandatory provisions of Section 340 of the Code and filed the complaint while passing the order dated 29.09.2006 without the requisite satisfaction–Trial Court has rightly acquitted the accused–No merit in the appeal–Appeal dismissed. (Paras 14, 25 and 34)