In Brief
In this dowry death case, the deceased allegedly committed suicide in 2017. After the prosecution examined 21 witnesses, the State sought to examine the deceased's minor daughter—who was just 5 years old at the time—as a witness. The Trial Court refused, noting the child was never mentioned in the FIR or investigation, and over 7 years had passed. The High Court reversed this decision. The Supreme Court allowed the accused's appeal, holding that Section 311 of the Criminal Procedure Code (which permits recalling witnesses) must be used sparingly and only when evidence is indispensable. Here, the child's testimony was speculative, unreliable due to age and passage of time, and would unfairly delay trial and prejudice the accused. The Court restored the Trial Court's refusal to permit her examination.
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