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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Elumalai – Appellant
Versus
Inspector of Police – Respondent
| Table of Content |
|---|
| 1. petition challenges trial court order permitting witness recall. (Para 1 , 2) |
| 2. defense argues late birth certificate fills prosecution lacunae. (Para 3) |
| 3. prosecution asserts birth certificate primacy under s.94. (Para 4) |
| 4. court upholds primacy; petition dismissed. (Para 5) |
ORDER
This Criminal Original Petition has been filed to call for the records in Crl.MP.No.1681 of 2025 in Spl.S.C.No.16 of 2024 on the file of learned Principal Sessions Judge, Ranipet District and to set aside the same.
2. The petitioner is an accused facing trial in Spl.S.C.No.16 of 2024 on the file of the learned Principal Sessions Judge, Ranipet District. The Trial Court, by order dated 31.03.2026 in Crl.MP.No.1681 of 2025 permitted the prosecution to recall PW1 and mark the birth certificate of the victim girl.
Aggrieved by the same, the present petition has been field.
3. The learned counsel for the petitioner submitted that the birth certificate was not produced neither during investigation nor during trial. At the fag end of the trial, when the case was posted for arguments, finding that the prosecution case has been exposed, to fill up the lacunae, the said document has been attempted t
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