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Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
Respected sir,

First of all I qwould like to thank all of you for the best advices as well as co-operation rendered to me.

Secondly Kindly provide me the following information that 1. Is it true that child below 14 years given any statement is not valid as Per Guardian and Ward Act. 25. If it is true then kindly let me now where is is written as I could see this.

My evidance was closed as I was not knowing that what I have to do for that in absence of my Ld. couynsel. Is there any way that it can be reopened . Request advice. And there there any way to cvll up additional evidances.

As the charges were already framed. Now can I request know for the additional charges to be frame. The respondent evidence have not submitted to the court till date.

In case I want to submit some more documents on record what I have to do for that.

Request advice.

With regards

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Devajyoti Barman (Expert) 13 January 2011
First clarify the nature of the case in which you need the statement of the child.
It is not correct to state that the statement of the child of 14 years can not be presented before the court. On the contrary in criminal cases the child as young as 7 years having sufficient intelligence is a competent witness and the court can very much rely upon his deposition.
Similarly in civil cases specially in the custody cases it is the statement of the child of almost any age whiich detemines the fate of the custody cases.
So you can very much ask for his deposition and for this puopose if your part of evidence is closed then you can apply for recalling of the witness.

Gulshan Tanwar (Expert) 14 January 2011
Agree with Mr. Barman and also a person of unsound mind can also be brought for the same provided that while answering he is of sound mind.

Kirti Kar Tripathi (Expert) 14 January 2011
I AGREE WITH EXPERTS. IT THE MENTAL STATUS AND CAPABILITY OF WETNESS TO UNDERSTAND THE QUESTION AND GIVE ANSWER NOT AGE.

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