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1 - 10 of 10 (0.18 seconds)Section 109 in The Indian Penal Code, 1860 [Entire Act]
Shashi Kumar Banerjee & Ors vs Subodh Kumar Banerjee Since Deceased & ... on 13 September, 1963
This Court again pointed out in
Ishwari Prasad v. Md. Isa(2) that expert evidence of hand-
writing can never be conclusive because it is, after all,
opinion evidence, and this view was reiterated in Shashi
Kumar v. Subodh Kumar (3) where it was pointed out by this
Court that expert's evidence as to handwriting being opinion
evidence can rarely, if ever, take the place of substantive
evidence and before acting on such evidence, it would be
desirable to consider whether it is corroborated either by
clear_ direct evidence or by Circumstantial evidence.
Fakhruddin vs The State on 6 February, 1976
This
Court had again occasion to consider the evidentiary value
o[ expert opinion in regard to handwriting in Fakhruddin v.
State(4) and it uttered a note of caution pointing out that
it would be risky to found a conviction solely on the evi-
dence of a handwriting expert and before acting upon such
evidence. the court must always try to see whether it is
corroborated by other evidence, direct or circumstantial.
It is interesting to note that the same view is also echoed
in the judgments of English and American courts.
Section 411 in The Indian Penal Code, 1860 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Ram Chandra And Anr. vs State Of Uttar Pradesh on 26 November, 1956
It is now well settled that expert opinion
must always be received with great caution and perhaps none
so with more caution than the opinion of a handwriting
expert. There is a profusion of precendential authority
which holds that it is unsafe to base a conviction solely on
expert opinion without substantial corroboration. This
rule has been universally acted upon and it has almost
become a rule of law. It was held by this Court in Ram
Chandra v. State(1) that it is unsafe to treat expert hand-
writing opinion as sufficient basis for conviction, but it
may be relied upon when supported by other items o[ internal
and external evidence.
The Indian Evidence Act, 1872
Ishwari Prasad Mishra vs Mohammad Isa on 27 August, 1962
This Court again pointed out in
Ishwari Prasad v. Md. Isa(2) that expert evidence of hand-
writing can never be conclusive because it is, after all,
opinion evidence, and this view was reiterated in Shashi
Kumar v. Subodh Kumar (3) where it was pointed out by this
Court that expert's evidence as to handwriting being opinion
evidence can rarely, if ever, take the place of substantive
evidence and before acting on such evidence, it would be
desirable to consider whether it is corroborated either by
clear_ direct evidence or by Circumstantial evidence.
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