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2014 Supreme(Mad) 3729

Madurai Bench of Madras High Court
N. KIRUBAKARAN, J.
C. Regiba rep. By through her legal guardian
Versus
Inspector of Police Iraniyal Police Station, Kanyakumari District
Crl. O.P. (MD) No. 19141 of 2014
Decided On : 16-10-2014

Advocates Appeared:
For the Petitioner:K.K. Samy, Advocate.
For the Respondent:A.P. Balasubramani Government Advocate (Crl. Side).

The court has inherent powers under Section 482 Cr. P.C. to allow the examination of a minor witness in a case.

Headnote:

Inherent Powers - Examination of Minor Witness - The court allowed the petition seeking direction to the police to adduce evidence by the petitioner's minor granddaughter, who was an eyewitness to the case, based on the inherent powers under Section 482 Cr. P.C.

Fact of the Case:

The petitioner sought a direction to the police to adduce evidence by the petitioner's minor granddaughter, who witnessed the torture given by the petitioner's son-in-law to his daughter.

Finding of the Court:

The court, based on its inherent powers under Section 482 Cr. P.C., directed the trial court to consider the petitioner's request to examine the minor granddaughter as a witness in the case.

Issues: Examination of minor witness, inherent powers of the court under Section 482 Cr. P.C.

Ratio Decidendi: The court has inherent powers under Section 482 Cr. P.C. to allow the petition seeking direction to adduce evidence by a minor witness, and the trial court should consider the petitioner's request in this regard.

Final Decision: The petition seeking direction to the police to adduce evidence by the petitioner's minor granddaughter is allowed, and the trial court is directed to consider the petitioner's request to examine the minor granddaughter as a witness in the case.

JUDGMENT

N. KIRUBAKARAN, J.

1. This petition in S.R. No. 31775 of 2014 has been filed seeking a direction to the respondent Police to adduce evidence by the petitioner's grand daughter, who was an eye witness in the present case, at the age of 8 years at the time of occurrence, now aged 17 years.

2. According to the petitioner, his daughter died because of the torture given by her husband. The minor witness is said to have witnessed the torture and therefore the petitioner wants to examine the said minor granddaughter as a witness in the above said case. Therefore, the present petition has been filed.

3. As per jurisdiction under Section 482 Cr. P.C. this Court has inherent powers to allow this petition. Hence, the Registry was directed to number this petition.

4. It is the specific case of the petitioner that the minor granddaughter witnessed the torture given by the petitioner's son-in-law on his daughter. Now, the case has been filed under Sections 498-A and 406 I.P.C. Though many witnesses have been examined, the petitioner intends to examine the minor granddaughter, who was an eye witness to the tortures. Even though the petitioner has got every right to assist the prosecution and seek the trial Court to examine the witness and also request the Police to examine the minor granddaughter as a witness, taking into consideration the fact that the petitioner has already approached this Court, the trial court is directed to consider the prayer of the petitioner, if it is made to the same.

5. With the above direction, this petition is disposed of.


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