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Archives for Section 293 CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1560 OF 2010 (@ SPECIAL LEAVE PETITION (CRL.) No.2742 of 2010)

KeshavDutt V/s. State of Haryana [2010] INSC 651 (19 August 2010)

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1560 OF 2010 (@ SPECIAL LEAVE PETITION (CRL.) No.2742 of 2010)

Coram: ALTAMAS KABIR, J.

Court had occasion to consider whether reliance could be placed on the opinion of the Assistant State Examiner of Documents without examining him as a witness in Court. This Court held that from the opinion itself it could not be gathered whether his office would fall within the purview of Section 293 CrPC. Accordingly, the Court observed that without examining him as an expert witness, no reliance could be placed on his opinion. Learned counsel urged that the conviction of the Appellant on the basis of the above could not be sustained.”

“whether the opinion of the handwriting expert could have been relied upon without examining him becomes relevant.”

“The High Court also skirted the issue by observing that the science of handwriting being imperfect and inaccurate, it is very difficult, if not impossible to give the opinion that the writings were in the hand of one and the same persons.”

The High Court recorded that the report having gone unrebutted could be relied upon without any demur.”

“beyond doubt on the basis of Ex.PR and Ex.PY, he must be given the benefit of doubt.”

“The Appeal, accordingly, succeeds and is allowed and the judgment of conviction and sentence of the Appellant under Section 13(1)(d) of the Prevention of Corruption Act, 1988, is set aside.”

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