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1 Month Jail for False Witness

NEW DELHI: Taking a stern view of witnesses who lie before court and “pollute the stream of justice”, a trial court has sent a man to jail for one month for making false statements as a witness in a case of road rage.

Ravinder Kumar was not only a witness but also the complainant in the four-year-old case. “Unscrupulous litigants are found resorting to falsehood in the courts which has to some extent resulted in polluting the judicial system. Any attempt by a witness to divert the course of justice is required to be dealt with sternly. The witness was legally bound by an oath to state the truth in the court which he did not do and any leniency now shown to this witness will be misplaced and send wrong signals to similar other wrong doers,” Additional Sessions Judge Kamini Lau said while holding him guilty of perjury.

It noted that Kumar was the complainant in the case and the entire investigation was started on the basis of his statement following registration of an FIR in Uttam Nagar police station on June 17, 2006.

The court’s orders came while deciding a road rage case against three brothers who had killed a man in a case of road rage. Convicting Dinesh, Mukesh and Rajesh for murder, the court sentenced them to life imprisonment saying they had killed the victim without any provocation.

“It is evident that the murder of the deceased, Ashok, was committed in cold blood without there being any instigation, only because he objected to the rash and negligent driving and asked convict Mukesh to drive carefully,” the court said.

The court also directed the convicts, Dinesh (35), Rajesh (39) and Mukesh (41), to pay fine of Rs 1 lakh each that would be paid to the victim’s family as compensation.

Allowing the plea of public prosecutor Tofiq Ahmed that the convicts should not be dealt with leniency as the offence was “degrading and depraving”, the court, however, said it does not fall under the category of “rarest of rare”.

According to the prosecution, a car driven by one Shanky and convict Dinesh sitting next to him had hit a pole of the pandal of a community kitchen organized by victim, Ashok, and others on June 17, 2006.

The pole fell over Ashok’s scooter, leading to an altercation. Dinesh then went home and came back with his brothers and killed the victim. The court had acquitted Shanky because of want of proof.

Judgement Copy >> http://mynation.net/docs/691-2006/

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