under Section 391
read with Section 482 Cr.P.C. for placing on record
the secondary/matriculation certificate of National
Open School, Government of India
Code, 18603 against the accused namely, P. Manikandan4, wherein
it was alleged that the appellant kidnapped the 4-year-old child from Gandhi
International Matriculation ... studied at Gandhi International
Matriculation School, Mangalam7. The deceased child was regularly taken
1
hereinafter referred to as “ Cr.P.C .”
2
hereinafter referred
Code of Criminal Procedure . The
Court stated its opinion in the following
words :
“34……..There may be situations where the
entry made in the matriculation
Case Crime 252 of 2016 under Section 364 A of the Penal Code. The allegation is
that the appellant received a call on his cell ... relied upon. The matriculation certificate, in other words, is given
precedence. It is in the absence of a matriculation certificate that the date of birth
birth recorded in the service book on the basis
of the Matriculation Certificate in which the date was mentioned as
25.3.1962. It is the case ... matriculation certificate, as
claimed by him, he took more than three years to issue the notice under
1
Section 80 of the CPC and then
basis of tests in parade, general law (Indian Penal Code,
Criminal Procedure Code, Indian Evidence Act and Local and Special Laws)
interview and examination ... basis of test in parade, general law, ( Indian Penal Code ,
Criminal Procedure Code and Police Rules), interview and examination of
records: -
(2) All candidates
similar incident regarding the dress code,
when a controversy occurred at Kartik High
School, Mumbai. The Bombay High Court
appraised the matter, and ruled that ... modified dress code mandated by the
university. A similar issue has been considered
by the Madras High Court in Shri. M
Venkatasubbarao Matriculation Higher
Secondary
Rules. We cannot import other procedures laid
down in the Code of Criminal Procedure or any other enactment while making
an inquiry with regard ... having the hangover of the procedure of trial or
inquiry under the Code as if they are trying an offence under the Penal
laws forgetting
care. This
is the consequence".
He was convicted under s. 302 , I.P.C. and sentenced to
death. On appeal the High Court altered ... conviction from
s. 302 to s. 302 read with s. 34 , I.P.C.
In appeal to this Court it was contended on behalf
Mohammad Shujat, Ali & Ors. Etc vs Union Of India & Ors. Etc on 3