Crl. Revision No. 1813 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 1813 of 2010 Date of Decision : December 15, 2010 Bindi & others ........Petitioners Versus State of Haryana .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. Yogesh Goel, Advocate, for the petitioners. Mr. Satyavir Singh Yadav, DAG, Haryana. Mr. Surinder Saini, Advocate, for the accused. SABINA, J. Petitioners have filed this petition under Section 401 of Code of Criminal Procedure challenging the order dated 3.5.2010 whereby prosecution witness Prince was declared an incompetent witness. Learned counsel for the petitioners has submitted that prosecution witness Prince is the only witness on whose testimony the entire case of the prosecution rests. The said witness had witnessed the occurrence and in case he is not examined, the prosecution may not be able to prove its case. Learned counsel for the accused, on the other hand, has submitted that various types of questions were put to prosecution witness Prince and on the basis of the same the learned trial Court had rightly held that the said witness was not a competent witness. Crl. Revision No. 1813 of 2010 2 In order to impart justice to the parties PW Prince was produced before this Court by the learned counsel for the petitioner. Although, PW Prince is a young boy aged about 4 ½ years but the boy was very confident and successfully answered all the questions put to him. It appears that the trial Court committed an error in declaring the said witness as not a competent witness. PW Prince has stated that he is a student of 1st Class and is studying in a Government School. At present he is residing with his maternal aunt and has stated that his father has been killed. The prosecution case rests on the testimony of the said witness as the said witness is the eye witness to the occurrence. In these circumstances, the interest of justice requires that PW Prince be allowed to be examined by the prosecution so that the trial can be decided on merits. Accordingly, this petition is allowed. The trial Court is directed to examine PW Prince as a prosecution witness. (SABINA) December 15, 2010 JUDGE Anand