CHAJOO RAM vs RADHEY SHYAM & ANR.

The Supreme Court held that under Section 476 of the Code of Criminal Procedure, a person who files an affidavit does not appear as a witness as contemplated by Section 479-A, thus allowing prosecution under Section 476. The Court clarified that while Section 479-A provides a bar to prosecution for false evidence, it only applies to witnesses who have appeared in court. The Court found that the appellant's explanation for his actions was not proven false, and emphasized that prosecution for perjury should only be sanctioned when it is deliberate and in the interest of justice.