- In this case admittedly only minor girl Iram is the eye-witness — Her presence in the house where the occurrence took place proved — Her age was eleven years — No doubt the Court did not give any opinion about her competency as witness — However, from her statement it becomes quite clear that she was understanding the questions which were put to her and answered them which proves that she is a competent witness —- Mere fact that preliminary inquiry was not conducted by the trial Court for determining the fitness of minor girl to depose as a witness cannot be given so importance to rule out her statement from consideration — Holding of preliminary inquiry by the trial Court is a rule of prudence and not a legal obligation — Omission to conduct preliminary inquiry in this regard does not render the evidence of minor girl inadmissible in evidence — Reliance can be placed upon the statement of a minor witness if it is proved that such witness was capable of understanding and answering the questions. M. Ilyas v. Kabir Hussain 2002 SCR 510 (A)
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