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A. BADHARUDEEN
Thankappan V. E, S/o. Ittankochu – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Accused Nos.1 and 2 in crime No.128 of 2016 in Kenichira Police Station, Wayanad have filed this petition under Section 482 of Cr.P.C. with the following prayers.
2. To effectively mould the remedy and grant such other and further relief/reliefs as the petitioners may pray for from time to time and which this Honourable Court deems fit and proper to grant in the interests of justice”.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
3. Pertinent legal questions arise for consideration in this matter;
(b) Can such a direction be issued even after filing final report?
4. In this matter, after filing final report and when the Forensic Science Laboratory requested the Investigating Officer to furnish the blood samples found in the materials collected from the place of occurrence, the sample of the blood to
Point of law: Examination of the accused contemplated under Section 53 of Cr.P.C includes taking of blood from the accused and even an accused on bail falls within the ambit of Section 53 of Cr.P.C.
The impugned direction for obtaining fresh blood samples at the stage of trial did not amount to further investigation, reinvestigation, or fresh investigation, and it did not infringe the petitioner....
The main legal point established in the judgment is that the court's power to summon witnesses or examine persons present at any stage of the trial does not extend to creating fresh evidence, especia....
The main legal point established in the judgment is the adherence to the procedural framework established by law and the protection of the accused's rights under Article 21 of the Constitution.
DNA test is also available before the Court, which is marked as Annexure-H and only in order to overcome the positive report of the DNA, the petitioner has approached this Court by invoking the writ ....
The trial court can use its inherent powers to order a blood test of the accused, depending on the facts and circumstances of the case, even in the absence of specific provisions.
The court affirmed the authority to conduct further investigations post-final report under Section 173(8) of Cr.P.C, ensuring the accused's right to a fair trial.
A specimen handwriting or signature or finger impressions by themselves are no testimony at all being wholly innocuous because they are unchangeable except in rare cases where the ridges of the finge....
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