appellant on or about 28.02.2005 alleging:
"(A) Following false, fabricated and fraudulent
documents illegally and dishonestly misused by
Shri G.C. Garg ... dishonestly
making false claim under Section 209 by giving
false and fabricated statements, information and
evidences under Sections
reason of a definite and deliberate false
statement. The statement on oath is a fabricated one and contrary to the
facts and there exists ... dispute as
such on the factum of a false and fabricated statement finding its place in
the affidavit. The statement cannot be termed
circumstance that a statement contains a wealth of detail cannot necessarily lead to the inference that the statement is a fabricated one. In the present ... could hardly be said that there was time for fabricating a statement like the one in question. One of the comments of Dr. Chitaley
they were
falsely involved in the commission of this crime by
fabricating statements of PWs 2 and 3 under Section 161 of
Criminal Procedure Code ... statements recorded under section 161 of
the Code. As stated earlier both the Courts have come to the
conclusion that these statements are a fabrication
accused
came out with a case that the confessional statements were
fabricated, the court should not have relied on such
confessional statements in the absence ... rejecting the said confessional statement
simply because it was alleged by the accused that
confessional statements were fabricated. We may also
indicate here that
statement was recorded, the
witnesses have come and attested the statement. Therefore,
investigating officer having had an interest in recording
the statement, fabricated ... investigating officer but that does
not mean that investigating officer had fabricated the
statement. As seen, the statement given to the Executive
Magistrate is quite
with the knife. The High Court has
given undue weightage to his statement. In fact, as per the prosecution
case, Munna ... acts and there should not be an
interval which would allow fabrication. The statements sought to be
admitted, therefore, as forming part of res gestae
accordance with the
Act. Filing of false affidavits or making false statement on oath in Courts
aims at striking a blow at the Rule ... anyone resorting to filing of false affidavits or giving
of false statements and fabricating false evidence in a court of law. The
stream of justice
gave separate statements on
27.2.71 and 4.11.71 respectively. The second appellant gave
his statement before the ITO on 11.1.74 repudiating his
earlier statement dated ... with a false statement;
that they, thereafter gave separate statements dated
16.11.66 and 11.1.74 respectively before the ITO repudiating
their earlier statements given before
necessary that such fact or statement must be part of the
same transaction. In other words, such statement must have been
made contemporaneous with ... however slight it may be, which was sufficient enough
for fabrication then the statement is not part of res gestae. In
R. v. Lillyman
