Cr. Reference No. 1 of 2009 26.11.2009 Present: Mrs. Shubh Mahajan, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General, for the petitioner. The present reference has been made by the learned Additional Sessions Judge, Fast Track Court, Chamba, vide his order dated 4.11.2009 in the following terms:- “Let reference to the Hon’ble High Court be made for seeking guidance to this court regarding manner of recording of evidence of this witness who is sole eye witness in this case.” The learned Additional Sessions Judge has not mentioned under what provision of law the reference was made to this Court. Relevant provision is under Section 395 Cr.P.C. and a perusal of Section 395(1) Cr.P.C. shows that where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained therein, the matter may be referred to the High Court for its opinion. These provisions are not attracted to the present facts. Section 395(2) Cr.P.C. reads as under:- “A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub- section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.” …2… In the present case, no question of law has been mentioned, which arises for the hearing of the case pending before the learned trial Court. The question as to what value should be given in regard to the statement of a child witness to be recorded, it is for the Court to consider the same in accordance with law and no advice can be furnished by this Court in the reference made by the learned trial Court. The learned trial Court shall consider the statement of witness, its effect and how it is to be relied upon or not in accordance with law and no opinion can be given by this Court. The matter be sent back to the learned trial Court to proceed with the matter in accordance with law. The reference is answered accordingly. A copy of the order be sent to the learned Additional Sessions Judge, Fast Track Court, Chamba, for compliance. November 26, 2009 ( V.K. Ahuja), J. (BSS)