Anbu v. The State Rep By

Crl.M.P.No.9318 of 2022 in Crl.A.No.6 of 2022 D.BHARATHA CHAKRAVARTHY.J.

This miscellaneous petition is filed seeking permission to adduce additional evidence which is a XII Standard Mark-sheet so as to prove the date of birth of the petitioner/appellant to contend that he was a juvenile at the time of the occurrence.

2. Considering the fact that the plea of juvenality can be raised at any time of the proceedings and considering the fact that the additional evidence can be received by the appellate court for the purposes, if a person has been wrongly prosecuted to prove his innocence or to establish his defence or to bring home charges against a person who has escaped from conviction and since the document in question is a very relevant one for considering the plea raised, this court is of the view that the petition is liable to be allowed.

3. The learned Government Advocate (Criminal Side) is directed to ascertain the veracity of the mark-sheet produced by the petitioner so that the same can be taken along with Criminal Appeal. This Miscellaneous Petition is ordered accordingly. 15..07..2022 kmk https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY.J.

kmk Crl.M.P.No.9318 of 2022 in Crl.A.No.6 of 2022 15..07..2022 1/2 https://www.mhc.tn.gov.in/judis