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;
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