Views 35
Section 340 inquiry
_ Having said about the reluctance of Courts in using the routes of perjury, two prima facie conditions have to be established: Prima facie case to establish the offence exist.
_ Inquiry is expedient in the interest of justice (K. Karunakaran v TV EacharaWarner; AIR 1978 S.C. 290)
_ The falsity of the statement should be corroborated with ample evidence. (Gujarat v/s. Hemang Desai; 1966 Cri. L. J. 474)
_ Mere admission of previous wrong statement does not neutralize it, court should see whether the admission came with feeling of remorse or not (Narmada Shanker v/s. DanPal, AIR 2001 SC 2004 )