Case Note & Summary
The dispute arose from a criminal case where the appellant, as informant, had registered Crime No.1592 of 2016 against respondent no.2 for offences under Sections 328, 376, 504, and 506 of the Indian Penal Code, 1860. After cognizance was taken, Criminal Case No.192 of 2019 was pending trial. During the trial, the appellant filed Application Exh. 61Kha, praying that the Principal/In-Charge of Kendriya Vidyalaya No.4 DLW Campus, Varanasi be summoned to testify about the veracity of her Class-X mark-sheet to prove her age, which would impact the nature of the offence if proved. The Trial Court allowed this application, leading to the summoning of the witness and placement of the document on record, alongside an already existing admit card. Respondent no.2, the accused, challenged this order before the High Court under Section 482 of the Code of Criminal Procedure, 1973, in Application No.19717 of 2021. The High Court accepted the accused's submissions and set aside the Trial Court's order, though the document remained on record. The appellant then appealed to the Supreme Court. The core legal issue was whether the High Court erred in interfering with the Trial Court's discretionary order allowing the summoning of a witness for age proof. The appellant argued that the Trial Court's order was proper, while the respondent supported the High Court's decision. The Supreme Court analyzed the matter, noting that the age proof was relevant to the offence and that the Trial Court had rightly exercised its discretion. The Court held that there was no occasion for the High Court to set aside the Trial Court's order, as it was a matter of evidence collection during trial. Consequently, the Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Trial Court's order dated 12.11.2021, thereby permitting the continued use of the summoned witness and document in the criminal case.
Headnote
A) Criminal Procedure - Evidence - Summoning Witnesses for Age Proof - Code of Criminal Procedure, 1973, Section 482 - The appellant-informant moved an application before the Trial Court to summon a school official to testify about the veracity of her Class-X mark-sheet to prove her age, which was relevant to the nature of offences alleged. The Trial Court allowed the application, but the High Court set aside this order under Section 482 CrPC. The Supreme Court held that the Trial Court rightly allowed the application as the age proof had bearing on the offence, and the High Court should not have interfered. The Supreme Court restored the Trial Court's order (Paras 1-2).
Issue of Consideration
Whether the High Court was justified in setting aside the Trial Court's order allowing the informant's application to summon a school official to testify about the veracity of a mark-sheet for age proof in a criminal case
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment and order dated 18.04.2022, and restored the Trial Court's order dated 12.11.2021 in connection with Application Exh. No.61Kha in Criminal Case No.192 of 2019.
Law Points
- Summoning of witnesses for age proof in criminal trials
- Exercise of inherent powers under Section 482 CrPC
- Trial court discretion in evidentiary matters
