11. On a careful perusal of the above noted provision and the facts of the present case, the above argument of the learned counsel for the State is liable to be rejected for the following reasons: a) firstly, that during the inquiry before the Trial Court, the State did not take any objection whatsoever with regard to the documents filed on behalf of the appellant and the evidence led on behalf of the appellant so much so that the State did not even crossexamine the witnesses who were examined in the inquiry. Permitting the State to raise such an objection now once the conclusive finding has been recorded by the Trial Court after an elaborate inquiry would be unjust and not warranted. The State had full opportunity to raise such a plea before the Trial Court in the inquiry and then it was for the Trial Court to take a call as to whether any ossification test was necessary or not; 10