Wrong Procedure for taking Prosecution Evidence
In a criminal case of disputed signatures & consequent trial under Section 467,468 etc, during the Examination-in-Chief of the prosecution Witness, the complainant is shown by the PP 2 sets of the specimen signatures. The first set is of himself (the complainant) and the second set is of the accused, and asked the question “Which specimen signatures are yours”? The complainant, promptly points out that the Set No 1 is his specimen signatures and the set no 2 is MOT his specimen signatures. Fine till here! But the problem is that the specimen signatures sheets contained the heading “THE SPECIMENT SIGNATURES OF COMPLAINANT” on the first set & “THE SPECIMENT SIGNATURES OF accused” on the second set. While the PP was putting this question to him & soliciting the answer, these heading was visible to the complainant! So the answers given by the complainant were not bonafide but were guided by the heading on the Specimen Signatures Sheet.
What is the legal value of such an evidence?
What remedy has the accused against this irregularity?
Can the accused put this in writing in the records of the court so that this be used in his favour during the time of argument?