Himachal Pradesh High Court Revokes Trial Court Decision, Allows Accused to Present Defence Evidence

Kapil Dev granted right to summon defence witnesses under Section 311 Cr.P.C., overturning prior dismissal by Mandi trial court

In a significant legal development, the Himachal Pradesh High Court has overturned a lower court's decision, allowing Kapil Dev, the petitioner, to present defence evidence in a case where he is accused of offenses under Sections 435 and 506 of the Indian Penal Code. The decision, delivered by Mr. Justice Virender Singh, emphasizes the accused's right to prove their defence, even if initially waived.

The case originated from a charge sheet filed by the Balh Police Station, accusing Kapil Dev of committing serious offenses. Initially, after the closure of prosecution evidence, Kapil Dev chose not to present any defence evidence during his statement under Section 313 of the Criminal Procedure Code on January 6, 2024. However, on September 4, 2024, he filed an application under Section 311 Cr.P.C., seeking to present documents and witness testimony to establish his alibi on the day of the alleged crime.

The trial court in Mandi had previously dismissed this application on April 26, 2025, citing that Kapil Dev had ample opportunity to present his evidence earlier and questioning the timeliness of his application. The trial court also prematurely evaluated the merits of the potential defence, which the High Court found impermissible.

Justice Virender Singh, addressing the petition, noted that the right to present a defence is fundamental and cannot be denied due to procedural lapses or initial reluctance. The High Court criticized the trial court's "hyper-technical" approach and highlighted that an accused person retains the right to prove their defence until the case is concluded.

The High Court's decision mandates Kapil Dev to deposit costs of Rs. 20,000 with the District Legal Services Authority in Mandi. He is directed to appear before the trial court on November 3, 2025, to initiate the process for summoning defence witnesses within a week.

This ruling underscores the judiciary's commitment to ensuring fair trial rights and the opportunity for accused persons to adequately defend themselves, reinforcing the principles of justice and procedural fairness.

Bottom Line:

Application under Section 311 Cr.P.C. can be allowed even if the accused initially expressed unwillingness to lead defence evidence under Section 313 Cr.P.C. - Accused retains the right to prove/probabilize his defence unless the case is concluded, and merits of probable defence should not be discussed prematurely during trial proceedings.

Statutory provision(s): Section 311 Cr.P.C., Section 313 Cr.P.C., Sections 435 and 506 IPC, Section 528 of Bharatiya Nagarik Suraksha Sanhita

Kapil Dev v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2800059