vital importance to establish the
case against the accused was in the handwriting of the
accused but it could not be compared by the handwriting ... Evidence Act the Magistrate directed the accused to
give his specimen handwriting to have it examined by a
handwriting expert.
Revision preferred by the accused
opinion of the Central Forensic Science Laboratory ('CFSL') on the handwriting on the cheques in question despite an application filed by the complainant ... respondent for sending the cheques in question for the opinion of a handwriting expert.
6. The Crl Rev. Petition No. 44 of 2006 filed
Identification of Prisoners Act, 1920 (for short, “the Prisoners Act ),
handwritings and signatures. As suggested by this Court, therefore, the
Code was amended and Section ... prosecution adduced in evidence a chit
stated to be in the handwriting of the accused. In order to prove that the
chit
letters instead of originals. But evidence
of photographs to prove writing or handwriting can only be
received if the original cannot be obtained ... available.
The evidence of photographs as to the contents and as to
handwriting was receivable. [638 F-H]
(iv) If the prosecution had to rely
amended on 23.06.2006 which provision permits the court to direct taking of handwriting samples even in the course of investigation. Therefore, he drew a parallel ... Secondly, he submits that the provisions of Section 311A only refer to handwriting and have no reference to the voice samples or voice recordings. Therefore
accused under
section 243(2) Cr. P.C. for examination of handwriting expert in order
to prove that the cheque in question, which formed ... respondent/accused earlier filed two
applications for the same purpose for examining handwriting expert for
disproving her signatures on the cheque in question, and both
presence
of the executive magistrate and the same were sent to the handwriting
expert for comparison with their disputed signatures in the loan
application ... other documents. Handwriting expert opined that the
signatures in the loan application and other documents did not match the
signatures of Nathu Ram, Kirpu
gone by the testimony of Pooja’s mother, who had
denied the handwriting of Pooja on Ex. P-3, which was
neither here nor there ... other hand, prosecution did not make any
attempt to either compare the handwriting on Ex. P-3
with admitted handwriting of Pooja or sought
direct an accused person appearing before it to
give his specimen handwriting to enable the Court by which he may be
tried to compare ... Constitution was involved in a direction to give
specimen signature and handwriting for the purpose of comparison.
8. The view expressed
investigating officer as an explanation
of his failure to send the specimen handwriting of the
appellant to the handwriting expert for opinion.
HELD ... drawn against the
prosecution from the fact -that the opinion of the
handwriting expert had not been obtained with respect to the
acknowledgment receipt
