CHHAGAN NATHA TADVI Vs. STATE OF GUJARAT
LAWS(GJH)-1979-8-23
HIGH COURT OF GUJARAT
Decided on August 01,1979

CHHAGAN NATHA TADVI Appellant
VERSUS
STATE Respondents

JUDGEMENT

A.N.SURTI, J. - (1.) EVIDENCE of Krishna P. W. 4 Ex. 20 also lends assurance and sup- port to the sworn testimony of Suman P.W. 3 Ex. 18. Krishna is a young child aged about 8 years. We may once again remind the subordinate Courts that whenever they examine any child witness they must necessarily foll- ow the procedure laid down by this Court in Sataji Nathaji v. State of Gujarat 17 Gujarat Law Reporter 254. Before a child witness is examined and if the preliminary examination of the child witness is to be carried out by the Court formal record in that behalf should also be maintained. In the instant case we have noticed that simply because the Advocate at the Bar agreed that child-witness was not in a position to understand the impor- tance of oath the learned trial Judge should not have abdicated his func- tion to the three Advocater who appeared before him. It was the duty of the Court to make the usual preliminary inquiry and he should have sa- tisfied himself that the child-witness was not in a position to understand the importance of an oath. In this behalf it may be stated that the learned Public Prosecutor in charge of the Sessions case had put some questions for the purpose of preliminary inquiry. Suffice it to stale with respect that the learned trial Judge should have followed the procedure as men- tioned by this Court in its reported decision in Satajis case (supra). ... . .. ... ... Appeals dismissed.;


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