Legal Provisions Involved: Section 311 of the Code of Criminal Procedure

Judgement By: Supreme Court of India

Judge/Bench: Justices Vikram Nath and A. G. Masih

Facts

The case arose from the alleged suicide of a woman in November 2017. Her father later filed an FIR against her husband and a relative under Sections 498A and 306 IPC and the Dowry Prohibition Act. During the trial, 21 prosecution witnesses were examined, and the trial was at an advanced stage. In September 2023, the prosecution filed an application under Section 311 CrPC to examine the couple’s daughter, who was around four years old at the time of the incident and 11 years old when the application was filed.

Key Legal Provisions

Section 311 CrPC, which allows courts to summon or recall witnesses if their evidence is necessary for finding the truth.

Issues Raised

Whether the prosecution could recall a minor witness at a very late stage of trial under Section 311 CrPC without proper justification?

Arguments of the Case

The prosecution argued that the child was a competent witness and her evidence was necessary. The accused opposed this, stating that the application was delayed, unsupported by records, and would prejudice the defence.

Judgement

The Supreme Court held that Section 311 CrPC must be used sparingly and only when the evidence is absolutely necessary. It set aside the Gujarat High Court’s order and restored the Trial Court’s decision rejecting the child’s examination.

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