IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 994 OF 2004 CRIMINAL APPEAL NO. 994 OF 2004 CRIMINAL APPEAL NO. 994 OF 2004 Ganesh Kishanrao Kople. ...Appellant V/s. Kavadu Tulasya Khandale & Anr. ...Respondents Appellant present in person. Ms.Rajeshree M. Gadhavi, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 16, 2006 DATED : MARCH 16, 2006 DATED : MARCH 16, 2006 P.C. :- P.C. :- P.C. :- . Heard appellant in person. . By this appeal, the appellant is challenging the order passed by the Special Judge, Greater Mumbai, in Misc.Application No.1190/2003 in SC/ST Special Case No.11/96. An application was moved by the present appellant under Section 340 of the Cr.P.C. 1973 for initiating proceedings against the respondent for committing perjury in the SC/ST Special Case No.11/96. In this application, it was alleged that in the evidence which was given by the respondent, he had falsely given his age as 43 when his correct age was about 54 years. Secondly, it was stated that he had told he was - 2 - professor when he was in fact Senior Lecturer only. The Special Judge after considering the contentions of the appellant held that though the age of the respondent was 45 years as on 1st August, 1998 and though he was not a professor, however, these statements were factually incorrect but it could not be regarded as a deliberate falsehood. 2. In my view, there is no reason to interfere with the said finding which is given by the Special Judge. Though the witnesses very often do not make correct statement in all cases, it cannot be said that they have committed perjury and for that purpose it has to be established that the witness had made a deliberately false statement. Under the circumstances, there is no reason to interfere. . Criminal Appeal, accordingly, is dismissed. (V.M. Kanade, J.) (V.M. Kanade, J.) (V.M. Kanade, J.)