KUPPA GOUNDAN & ANR. versus M.S.P. RAJESH

KUPPA GOUNDAN & ANR. versus M.S.P. RAJESH

When material rendering evidence false is produced only after judgment, s. 479-A(6) bar does not apply and prosecution under s. 476 Cr.P.C. is valid.

Parties
Appellant: Kuppa Goundan; Appellant: Kuppuswami; Respondent: M.S.P. Rajesh
Jurisdiction
India
Judgment Date
05 May 1966
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Madras High Court Dated December 9, 1965 in Criminal Revision Case No. 1261 of 1964 and Criminal Revision Petition No. 1235 of 1964
Outcome
Appeal dismissed.
Legal Topics
Perjury, False Evidence, Complaints Under Cr.p.c. S. 476 and S. 479 a
Criminal Law Procedure Perjury False Evidence Complaints Under Cr.p.c. S. 476 and S. 479 a

Case Brief

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Parties

Kuppa Goundan

Appellant

Kuppuswami

Appellant

M.S.P. Rajesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Madras High Court Dated December 9, 1965 in Criminal Revision Case No. 1261 of 1964 and Criminal Revision Petition No. 1235 of 1964

Legal Issues

  1. 1 Maintainability of complaint for perjury under s. 476 Cr.P.C. after conclusion of trial
  2. 2 Applicability of bar in s. 479-A(6), Cr.P.C.

Ratio Decidendi

When material rendering evidence false is produced only after judgment, s. 479-A(6) bar does not apply and prosecution under s. 476 Cr.P.C. is valid.

Court Disposition

Appeal dismissed.

Orders

  • There is no merit in this appeal which is accordingly dismissed.