The Madras High Court Bench here
has foiled the effort of a man to save his son in a murder case by obtaining birth certificate through a lower court order in 2014, to establish that his son was a juvenile.
A Division Bench of Justice S.Nagamuthu and Justice V.S.Ravi dismissed the Habeas Corpus Petition of Pandi who obtained the certificate to claim that his son was a juvenile in 1995, when the murder was committed.
The bench said the birth certificate obtained through an Judicial Magistrate's order would not vouch for correctness of the date of birth, as the trial court convicted him in 2001,and the appeal was dismissed in 2005 by the High Court.
After nine years, the petitioner moved an application before a Judicial Magistrate claiming that he had not registered his son's birth and obtained a direction to the officials concerned to record his son's date of birth as December 17, 1977.
On the orders of the Magistrate, Deputy Tahsildar (Headquarters), Sankarankovil registered the date of birth as December 17, 1977 and issued a certificate on January 22, 2014.
Now the petitioner relied upon it for claiming that his son's detention was illegal.By this the petitioner was making a vain attempt to make his son escape from the clutches of law,the judges said, dismissing the petition.
