Unsigned documents as evidence
Ranganath
(Querist) 23 August 2009
This query is : Resolved
Ls counsels,
Are unsigned documents of accused accepted as evidence. Will the court permit the prosecution for hand writing analysis of the accused in a forensic lab.
Pls clarify
Adinath@Avinash Patil
(Expert) 23 August 2009
Dear Rangnath,
Unsigned documents are not directly read in evidence unless they prove corrabutary evidence.
It is the descritionary power of court to give pemission to send unsigned documents for forensic lab for hand writting analysis.It depends on other evidece.
J K Agrawal
(Expert) 23 August 2009
To write a document and to execute a document are two different stages of creation of a document. Both has its own significance. I written document withouth signature is no less then a document with signature also. If no signature is there. rebuttal of document is always available to scriber.
as far as it relates to ask for checking hand writing by expert, it is permissible. But accused can not be compelled to write down specimen. It is amounting to self incrimination. Any previous proved hand writing can be used to compare the document is question.
Kamal Grover
(Expert) 23 August 2009
I agree with Mr.Adhinath, if court has secondary evidence then he can ask your handwriting in court also. but if it is not then you can file a revision before higher court.
Your further clarification is welcome at;
adv.kamal.grover@gmail.com
M: 09814110005 (Chandigarh) (India)
Regards
Kiran Kumar
(Expert) 23 August 2009
one thing i must add here that mere exhibiting the doucment will not make it compulsarily to be read into evidence, there can be an error in getting it on record, you take reasonable objection before the court and can seek its contradiction or corroboration as the facts would demand.
Bhumik Dave
(Expert) 24 August 2009
I m fully agreed with mr. AGRWAL
V.V.RAMDAS
(Expert) 25 August 2009
I do agree with the views of J.K.Agarwall and Kiran Kumar.
Sarvesh Kumar Sharma Advocate
(Expert) 23 August 2009
