The Supreme Court on Thursday pulled up the Gujarat High Court for allowing a last-minute twist in a long-running dowry death trial, restoring the trial court’s refusal to examine a minor child as a prosecution witness. The Bench made it clear that criminal trials cannot be stretched endlessly on speculative grounds, especially when the stakes are this high and memories this fragile.
Background
The case relates to the death of a woman who allegedly died by suicide in November 2017. Her father lodged an FIR almost a month later, accusing her husband and in-laws of cruelty, dowry harassment, and abetment to suicide. The charges included cruelty under Section 498A IPC and offences under the Dowry Prohibition Act.
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By the time the trial moved forward, 21 prosecution witnesses had already been examined. It was only in September 2023 that the prosecution sought permission to examine the deceased’s daughter, Aashvi, who was just under five years old at the time of the incident. The claim was that the child had been present in the house when her mother died.
The trial court was unconvinced. It noted that neither the FIR nor any earlier statements mentioned the child’s presence and rejected the application. The High Court, however, reversed this decision, allowing the child to be examined with safeguards. That order brought the matter to the Supreme Court.
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Court’s Observations
After hearing all sides, the Supreme Court was blunt in its assessment. The Bench observed that there was “no material on record” to show that the child was present at the time of the incident. It noted that the prosecution’s assumption that she was an eyewitness was, at best, speculative.
The judges also flagged the passage of time. The child was barely four years old when the incident occurred and is now around eleven. “Memory at such a tender age is vulnerable to distortion and external influence,” the court observed, adding that the child had been living with her maternal grandparents for years, raising a genuine risk of tutoring.
On the legal point, the Bench explained that while courts do have wide powers under Section 311 of the CrPC to summon witnesses, those powers are meant to be used sparingly. “Allowing such evidence at an advanced stage of trial,” the court noted, “would only protract proceedings and cause prejudice to the accused.”
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Decision
Holding that the High Court had committed an error in law, the Supreme Court allowed the appeals, set aside the High Court’s order dated November 27, 2024, and restored the trial court’s decision rejecting the request to examine the minor child as a witness. The trial court was directed to proceed with the case in accordance with law.
Case Title: Mayankkumar Natwarlal Kankana Patel & Anr. vs State of Gujarat & Anr.
Case No.: Criminal Appeal arising out of SLP (Crl.) Nos. 1167–1168 of 2025
Case Type: Criminal Appeal (Dowry Death / Abetment to Suicide – Evidence Issue)
Decision Date: 19 December 2025
