departmental enquiry

Querist : Anonymous (Querist) 18 February 2011 This query is : Resolved
my question is:

(a) can signatures in a photostat be proved as forged by expert analysis

(b) even if the signature is proved to be false on a photostat document can the expert hold his ground if the original document containing forged signatures was not made available to him during his analysis.

(c) assuming i am facing a department enquiry in the above case in which i have submitted a photostat document in which i had forged signatures of somebody. what defence can be i produce to defend myself before the enquiry committee when confronted with the expert opinion

(d) what is the legal position in court for the above query

kindly help with advice am deeply troubled.regards

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Kirti Kar Tripathi (Expert) 18 February 2011
Since photo copy is not admissible as evidence unless it is compared by original. In the absence of original, even expert has given his opinion on photo state copy, it is not admissible. However, opinion of expert can only be given on the basis of certain fundamental characteristics of writing of a person, which can not be ascertained from photo state copy.

Querist : Anonymous (Querist) 18 February 2011
dear sir,
thanks for reply. just two clarifications as mine is a departmental inquiry which can go to court so i need defence for both i.e.,the departmental inquiry where rules of evidence are not strictly applicable and the court case

(a) can u please tell me under what sections of indian evidence act can i claim the defence as per your opinion.

(b) are their any court decisions based on which your learned opinion is based and can i know them

thanks

Ajay Bansal (Expert) 19 February 2011
YOU WILL BE GIVEN CHANCE OF DEFENCE EVIDENCE AS PER CR.P.C.

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