Rajinder Kumar (ऐसा) 15 October 2014

Forensic examine of st certificate

I am convicted by trial court u/s 420,471 to get govt job by producing forged ST certificate. some office lapses went against me but the ST certificate itself is a big evidence that it was not a forged document. we filed appeal u/s 374(3) CRPC.My lawyers are saying that there is no chance to examine ST certificate by handwriting expert and forensic expert (to know the age of paper) now in appellate court. But I am sure that there will be some provisions for it. please give me idea how can i get examined the ST cetificate by forensic expert? under 391 CrPc?

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Ashok, Advocate (Lawyer at Delhi) 17 October 2014

Once you say that you have been convicted of a case of forgery, that implies that the prosecution would have already proved that the document was forged. This is so because the burden lies on the prosecution. How can you prove the charge of forgery without first proving that the document is forged? However, if that was not done, you can always make a request to the appellate court under Section 391 Cr.P.C. for its examination by a forensic expert. Please note that making a request is your right, whether the appellate court will agree or not is the court’s prerogative. But, why to presume in the beginning itself that the appellate court will not agree? Why not try at least if it can help you?