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precaution to be taken by court when disputed writing is of


Precaution to be taken by court when disputed writing is of an aged writer

 
Identification of handwriting is based on like-with-likecomparison.  During the process of identification consideration
must be given to the writing variation.  No two samples of
writing written by any individual are identical in every detail,
since variation is an integral part of natural writing.

Nature and extent of variation differs from person to person
and, in its way, forms an important element in identification
process.  Writing variation is due to various factors  external
factors like writing position, writing instrument, care of
execution, etc; physical and mental conditions like fatigue,
intoxication, drug use, illness, nervousness, etc.  These factors
produce a varying degree of variation.  The variation is
commensurable in its degree with the intensity of the cause.

The advanced age of the writer and the quality of writing he
prepares in the course of time may introduce greater variation
between writings written at widely separated dates.
        
Variation does not preclude identification of the writing.  In
fact, it forms an additional factor that serves to personalize the
writing.
        
Thus, handwriting can be most accurately identified when the
standard writings and the questioned writings were written
under comparable conditions.

        
It is necessary to demonstrate that not only the disputed
writing has the qualities and habits of the standard writing,
but also that the deviations from the basic patterns (nature
and extent of variations) that occur in the disputed writings are
such as can be predicted from the variations in the standards.
        
Limited comparable standards sometimes complicate the  
matter of identification / non-identification.  As such, adequate
and suitable standards be supplied.
        
If questioned writing purports to be by an aged writer, it is
especially desirable that the standards should not only be near
the date of the writing in question but it should also, if
possible, be shown that they were written under similar health
conditions.

        
In cases involving forged signatures not only should
comparison signatures be obtained from documents of similar
importance, but if possible also from documents which are
roughly contemporary with those in question.
        
Writing of an adult will show an obvious steady change with
passage of time.  In these circumstances provision of a whole
set of signatures written over a period of years will prove of
inestimable value to the document examiner.
        
When serious illness occurs, a signature often undergoes a
remarkable change in a very short period and if a suspect will
is dated near the day of death, standard (admittedly genuine)
signatures covering this period are essential if reliable evidence
of the authenticity or otherwise of the signature is to be
established.
        
Normally, in the case of a typical adult, basic writing habits
change gradually.  Therefore, material written two or three
years before or after the disputed writing serve as satisfactory
standards, but as the lapse of years between the date of
standards and questioned material becomes greater, the
standards have a tendency to be less representative.
Consequently, an effort should always be made to procure
some standards (admittedly genuine writings / signatures)
written near in date to the disputed matter.
        
      The gist of the experts opinion, emerging from the above
Report, is to the effect that it is not always necessary to have
contemporaneous handwritings/signatures for comparison. 
However, as a general rule, it would be desirable to undertake
comparison of admitted handwritings/signatures with disputed
handwritings/signatures which fall within the range of 2 or 3 years
from each other.  Therefore, there can be no hard and fast norm as to
when comparison can or cannot be undertaken owing to the time lag 
between the two sets of handwritings/signatures.  Various other
factors would have to be taken into consideration, as opined by the
experts, quoted hereinbefore. Each case would turn upon its own
facts and circumstances relating to the time lag, the change in the
handwriting/signature, the capability of correlating the two sets and
ultimately, the opinion of the expert himself as to whether the two
sets can be compared.  It is therefore not open to the Court to refuse
to entertain an application seeking comparison of disputed
handwritings/signatures with admitted handwritings/ signatures on
the ground of a long lapse of time between the two sets of
handwritings/signatures.
HYDERABAD HIGH COURT
CIVIL REVISION PETITION NOS.1500 of 2010     

Dated:18-12-2015 

Bande Siva Shankara Srinivasa Prasad .. Petitioner

Ravi Surya Prakash Babu and others Respondents    



THE HONBLE SRI JUSTICE R. SUBHASH REDDY          

THE HONBLE SRI JUSTICE RAMESH RANGANATHAN             

THE HONBLE SRI JUSTICE SANJAY KUMAR         

Citation:AIR 2016 HYD 118(FB)
 
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