Sworn affidavit not treated as witness evidence; perjury complaint needs deliberate falsehood and a strong basis in justice.

A sworn affidavit does not, by itself, make the deponent a witness for the purpose of section 479-A of the Code of Criminal Procedure, 1898, so the statutory bar on action for false evidence did not apply. For a perjury complaint under section 476, prosecution is justified only where there is a prima facie case of deliberate falsehood on a material matter and a reasonable foundation showing that action is expedient in the interests of justice. On the record, the explanation was plausible and the material was inconclusive, so the complaint order was set aside.

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Issues: (i) Whether a person who files a sworn affidavit in court can be treated as a witness so as to attract the bar under section 479-A of the Code of Criminal Procedure, 1898. (ii) Whether the material on record justified, in the interests of justice, the filing of a complaint for alleged false statement under section 476 of the Code of Criminal Procedure, 1898.

Issue (i): Whether a person who files a sworn affidavit in court can be treated as a witness so as to attract the bar under section 479-A of the Code of Criminal Procedure, 1898.

Analysis: Section 479-A applies where a person has appeared before the court as a witness and has intentionally given or fabricated false evidence in judicial proceedings. A deponent filing a sworn affidavit does not, by that act alone, appear as a witness before the court within the meaning of that provision. The section, therefore, does not exclude action under the general complaint procedure where otherwise permissible.

Conclusion: The bar under section 479-A did not apply to the affidavit in question.

Issue (ii): Whether the material on record justified, in the interests of justice, the filing of a complaint for alleged false statement under section 476 of the Code of Criminal Procedure, 1898.

Analysis: A prosecution for perjury should be sanctioned only where the falsehood appears deliberate and conscious, the matter is substantial, and there is a reasonable likelihood of conviction. The Court found the appellant's explanation plausible, the documentary material inconclusive, and the earlier inquiry and appellate findings relevant to the absence of sufficient basis for prosecution. Mere inaccuracy or doubtful material was held insufficient to warrant a complaint.

Conclusion: The order directing filing of a complaint was not justified and was set aside.

Final Conclusion: The appeal succeeded because the statutory bar under section 479-A was inapplicable and the case did not meet the threshold of expediency and reasonable foundation required for launching a perjury prosecution.

Ratio Decidendi: A complaint for perjury should be ordered only when there is a prima facie case of deliberate falsehood on a material matter and a reasonable foundation showing that prosecution is expedient in the interests of justice; a sworn affidavit does not, by itself, make the deponent a witness for the purpose of section 479-A.

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