Mayankkumar Natwarlal Kankana Patel vs State of Gujarat 2025 INSC 1475 - S.311 CrPC - Minor Witness Recall

Code of Criminal Procedure 1973 - Section 311- Though the power under Section 311 is wide, it is to be exercised sparingly and only when the evidence sought is indispensable for arriving at the truth. [Context: High Court allowed Section 311 CrPC application seeking permission to examine the minor daughter of the deceased, as a prosecution witness - Allowing appeal, SC observed: child was of a very tender age at the time of the incident. More than seven years have elapsed since then. Memory at such a young age is vulnerable to distortion and external influence. The fact that the child has been residing with her maternal grandparents throughout this period raises a reasonable apprehension of tutoring. This significantly affects the reliability and evidentiary value of her proposed testimony-The application was filed after examination of 21 prosecution witnesses and at an advanced stage of trial.  Allowing the examination of the child witness would only protract the trial and cause prejudice to the accused.] (Para 10)