Kuldip Singh vs Malik Singh Cheema, Lehmber Singh And ... on 21 August, 2007
In the case of Kuldip Singh Vs. Malik Singh Cheema, Lehmber
Singh and Pal Singh (2007) 08 P&H CK 0138, the Court observed that the
report of hand writing expert is an opinion evidence of an expert and
admissible under Section 45 of Indian Evidence Act and can never be a
conclusive piece of evidence; while giving his report, such an expert gives
his finding on some of the peculiar features noticed by him in the
handwriting or the signatures, but his opinion if not taken on oath would not
be an evidence; this apart, an opportunity to cross-examine this witness, if the
prosecution or other party wishes to rely on it, would also be legally
essential; when hand writing experts reports contains an opinion apart from
the observation or the findings then right to cross examination can not be
denied and if denied can lead to vitiation of the proceedings; the accused
cannot be denied the right to test the opinion of an expert more particularly
when conviction is sought on the sole basis of such report.