High CourtsDivision Bench(1913) 02 MAD CK 0002

In Re: Nattava Parankusam

Madras High Court · Decided on 20 February 1913 · Citation: (1914) ILR (Mad) 564

HON’BLE JUDGES
Sundara Ayyar, J · Benson, J

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Judgment

7 paragraphs · 140 words
1.

We do not think that this is a case in which the interests of justice call for a prosecution for perjury.

2.

The accused is a girl of 15 years, and the perjury alleged is in her having made contradictory statements about her mother having wordy quarrels

with the man who was keeping the witness. The materiality of the statements is only remote, as suggesting a motive for the offence.

3.

We often have to notice that Courts exercise little discretion in giving sanction to prosecute for giving false evidence.

4.

They should not merely see that there is a good prospect of conviction, but should also consider whether the circumstances are such as to

render a prosecution desirahle in the public interests.

5.

We do not think the prosecution in this case is desirable. We revoke the sanction.