in a criminal (IPC 420 467 468 471) nationalized bank fraud case, police submitted final report on the basis of FSL report. disputed cheques have been written by two different person. bank/police have handwritting of one person written on the disputed cheques. while handwritting of other/second person is not available to bank/police. now my query is--
Can sitting judge order punishment for 50% guilty(handwritting of one person is known and proved )?
How judge will give his judgement when it is known that on the disputed cheques(back and front) two different person have written the HANDWRITTING, one is available to court and other is not available to court?
What law/circular/IPC/CrPC/supreme court says in this regard?
What is benefit of doubt in this case?