bounds of this principle. [944D]
4. In the matter of comparing the handwriting the judge
should not take upon himself the task of comparing ... observation of the materials. On
receiving expert evidence the court should compare the
handwriting with its own eyes for a proper assessment of the
value
handwriting/signature to handwriting
expert. Some other learned Judges have taken a view that in
view of scientific advances, the handwriting expert can compare ... referring Court for contemporaneous signatures/
handwritings? Is current handwriting science/expert
protocols in the area incapable of comparing
handwritings/signatures without contemporaneous
models for comparison
Court should not have taken on to itself the task of comparing the handwriting for the proper assessment of the value on the total evidence ... handwriting. Section 73 of the Evidence Act authorises the Court to compare such handwriting in order to come to its own conclusion
view that the court should not use it own eyes to compare handwritings without the aid of microscopic enlargement or expert evidence. At the same ... that Section 73 gives an express authority to the court to compare handwritings. Where a case depends upon a comparison of handwritings, the court
compare disputed signatures and handwritings.
Without the aid of the handwriting expert, the Court of its own can compare
handwritings and signatures and definite conclusion ... admitted handwritings and signatures of A.7 with disputed
handwritings and signatures reportedly put by A.7, that the disputed signatures
and the handwritings belong
filed an application for calling the fingerprint and
handwriting expert for comparing the handwriting in question on the same
day.
5. Meanwhile, in the statement ... been moved for examining the
fingerprint and handwriting expert to compare the handwriting of the
signatures and the handwriting in which the remaining particulars
court dismissed the petition
observing that the handwriting expert could only compare the handwritings on
the disputed document by comparing with handwritings on the admitted ... powers
to compare the draft under Section 73 of Indian Evidence Act. But the draft to
be compared was not a handwriting
into the arena of a
handwriting expert, and ought not have compared the handwriting or
signatures itself. Ld. Counsel had contended that it was
complainant ... compare the handwriting, and took the
handwriting sample of the appellant in the chamber in the presence of
both sides. The handwriting sample was taken
namely, (i) the genuineness of the
specimen/admitted handwriting of the concerned accused and
(ii) the handwriting expert is a competent, reliable and
dependable witness ... identity of that person has got
to be established by comparing the said handwriting with the
undisputed handwriting of the suspect. The prosecution
seeks
circumstances the issue was
whether the FSL report comparing the specimen handwriting of the
Crl. Appeal No.804/2001 Page 33 of 110
accused taken ... given by the
court only for enabling the Court to compare the handwriting of the
accused and not for the purpose of the investigating
