Case Note & Summary
The case involved an appeal against a judgment and order dated 18.04.2022 by the High Court of Judicature at Allahabad, which set aside the Trial Court's order allowing the admission of evidence regarding the appellant's age in a pending criminal case. The appellant, Ritu Rai, was the informant in Crime No.1592 of 2016, registered against respondent no.2 for offences under Sections 328, 376, 504, and 506 of the Indian Penal Code, 1860. During the trial, the appellant sought to summon the Principal of Kendriya Vidyalaya No.4 to testify about her Class-X mark-sheet to establish her age, which was pertinent to the case. The Trial Court accepted this application, allowing the evidence to be placed on record. However, the High Court later set aside this order, prompting the appellant to appeal to the Supreme Court. The Supreme Court found that the High Court had erred in its decision, reaffirming the Trial Court's authority to admit evidence and the relevance of the appellant's age in the context of the alleged offences. Consequently, the Supreme Court allowed the appeal, restoring the Trial Court's order and emphasizing the necessity of the evidence for the ongoing trial.
Headnote
A) Criminal Procedure - Admission of Evidence - Authority of Trial Court - Code of Criminal Procedure, 1973, Section 482 - The High Court set aside the Trial Court's order allowing the admission of evidence to verify the appellant's age, which was crucial for the case. The Supreme Court held that the Trial Court's decision was justified and restored its order, emphasizing the importance of the evidence in determining the nature of the offence (Paras 1-2).
Issue of Consideration
Whether the High Court erred in setting aside the Trial Court's order allowing the admission of evidence regarding the appellant's age.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the Trial Court's order dated 12.11.2021 regarding the admission of evidence in Criminal Case No.192 of 2019.
Law Points
- Criminal Procedure
- Evidence Admission
- Age Verification
- Trial Court Authority
