Mayankkumar Natwarlal Kankana Patel & Anr. v. State of Gujarat and Anr., 2025
The Supreme Court reaffirmed that Section 311 CrPC is meant to discover the truth but cannot be invoked for delaying proceedings or adding speculative evidence.
Judgement Details
Court
Supreme Court of India
Date of Decision
22 December 2025
Judges
Justice Vikram Nath and Justice A.G. Masih
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The case arose from the alleged suicide of a woman in November 2017, following which her father lodged an FIR against her husband and a relative.
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The offences alleged included cruelty under Section 498A IPC, abetment of suicide under Section 306 IPC, and violations under the Dowry Prohibition Act.
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At the time of the incident, the couple's daughter was about four years old, and she was not initially mentioned as a witness.
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The trial proceeded with the examination of 21 prosecution witnesses without involving the child.
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In September 2023, the prosecution filed an application under Section 311 CrPC to examine the now 11-year-old child as a witness.
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The Trial Court rejected the application due to the child's tender age at the time, her absence from the FIR and earlier evidence, and the unexplained delay in seeking her examination.
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The Gujarat High Court overturned the Trial Court’s order, allowing the child to be examined with safeguards.
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The Supreme Court heard the appeal challenging the High Court’s order.
Issues
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Whether Section 311 CrPC can be invoked at a belated stage of trial after 21 witnesses have been examined?
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Whether an 11-year-old child can be summoned as a witness when she was not mentioned in the FIR or evidence earlier?
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Whether the High Court erred in law in setting aside the Trial Court's rejection of the application?
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Whether the proposed examination of the child would protract the trial and prejudice the accused?
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Whether the credibility and reliability of the child's testimony can be ensured after a seven-year lapse since the incident?
Held
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The Supreme Court held that the power under Section 311 CrPC is discretionary and must be exercised cautiously.
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The Court found the prosecution failed to justify why the child became essential only at such a belated stage.
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The Court held that examining the child would have protracted the trial and prejudiced the accused.
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The Court emphasized that a child of tender age at the time of the incident would have vulnerable memory and could be influenced, raising concerns about credibility and reliability.
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The High Court committed an error in law by permitting the child’s examination without adequate justification.
Analysis
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The Supreme Court reaffirmed that Section 311 CrPC is meant to discover the truth but cannot be invoked for delaying proceedings or adding speculative evidence.
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The judgment underscores that trial courts must evaluate the indispensability and reliability of witnesses, especially child witnesses.
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The Court highlighted the importance of preventing prejudice to the accused and avoiding protracted trials.
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The ruling reinforces that late-stage applications under Section 311 CrPC require strong justification, particularly when the witness was not previously involved.
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The judgment emphasizes the need for judicial caution in invoking child witnesses due to the passage of time, tender age, and potential tutoring.