TMI Blog1979 (11) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... wala (the deceased) used to live alone in one of the two `quarters' in the compound of the Parsi Dharamshala at Jabalpur. He was the Area Organiser of Cherak Pharmaceuticals Company of Bombay. On the night of 12-7-1972 he went out to dinner at the house of P.W. 2 and returned home at about midnight. He retired for the night. Next morning, his driver PW 9 and his servant P.W. 6 came to the house in the usual course to attend to their duties. The gate was found locked. They called out their master but there was no response. P.W. 6 who also had a key opened the lock and went inside. Sonawala was found murdered in his bed. A first information report was given at the police station Omti, Jabalpur. The Station House Officer, P.W. 28, came to the scene, found things in the room strewn about in a pell-mell condition. He seized various articles. One of the articles so seized was a prescription pad Ex. P. 9. On pages A to F of Ex. P. 9, there were writings of the deceased but on page G, there was a writing in Hindi in pencil which was as follows : Translated into English it means : Though we have passed B.A., we have not secured any employment because there is none ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was found to be in his handwriting indicating his presence in the house of the deceased on the night of the murder and his participation in the commission of the offences. Shri R. C. Kohli, learned counsel for the appellant, argued that the recovery of the wrist-watch was too remote in point of time to connect the appellant with the crime. He further argued that the High Court fell into a grave error in concluding that the writing at page G of Ex. P. 9 was that of the appellant. He submitted that the evidence of P.W. 8 who claimed to be familiar with the handwriting of the appellant was wholly unacceptable, that it was not permissible in law to act upon the uncorroborated opinion-evidence of the expert P.W. 15 and that the High Court fell into a serious error in attempting to compare the writing in Ex. P. 9 with the admitted writing of the appellant. We will first consider the argument, a stale argument often heard, particularly in criminal courts, that the opinion-evidence of a handwriting expert should not be acted upon without substantial corroboration. We shall presently point out how the argument cannot be justified on principle or precedent. We begin with observatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we do not dismiss all other sciences but our own, but we approve of them and encourage them as things worthy of commendation. Expert testimony is made relevant by s. 45 of the Evidence Act and where the Court has to form an opinion upon a point as to identity of handwriting, the opinion of a person `specially skilled' `in questions as to identity of handwriting' is expressly made a relevant fact. There is nothing in the Evidence Act, as for example like illustration (b) to s. 114 which entitles the Court to presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars which justifies the court in assuming that a handwriting expert's opinion is unworthy of credit unless corroborated. The Evidence Act itself (s. 3) tells us that `a fact is said to be proved when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists'. It is necessary to occasionally remind ourselves of this interpretation clause in the Evidence Act lest we set an artificial standard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave invoked the decision of a judicial tribunal and not an oracular pronouncement by an expert . In Shashi Kumar v. Subodh Kumar,(3) Wanchoo, J., after noticing various features of the opinion of the expert said : We do not consider in the circumstances of this case that the evidence of the expert is conclusive and can falsify the evidence of the attesting witnesses and also the circumstances which go to show that this will must have been signed in 1943 as it purports to be. Besides it is necessary to observe that expert's evidence as to handwriting is opinion evidence and it can rarely, if ever take the place of substantive evidence. Before acting on such evidence it is usual to see if it is corroborated either by clear direct evidence or by circumstantial evidence. In the present case the probabilities are against the expert's opinion and the direct testimony of the two attesting witnesses which we accept is wholly inconsistent with it . So, there was acceptable direct testimony which was destructive of the expert's opinion; there are other features also which made the expert's opinion unreliable. The observation regarding corroboration mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a profusion of presidential authority which holds that it is unsafe to base a conviction solely on expert opinion without substantial corroboration. This rule has been universally acted upon and it has almost become a rule of law. It was held by this Court in Ram Chandra v. State of U.P. AIR 1957 SC 381 that it is unsafe to treat expert handwriting opinion as sufficient basis for conviction, but it may be relied upon when supported by other items of internal and external evidence. This Court again pointed out in Ishwari Prasad v. Md. Isa, AIR 1963 SC 1728 that expert evidence of handwriting can never be conclusive because it is, after all opinion evidence, and this view was reiterated in Shashi Kumar v. Subodh Kumar, AIR 1964 SC 529 where it was pointed out by this Court that expert's evidence as to handwriting being opinion evidence can rarely, if ever, take the place of substantive evidence and before acting on such evidence, it would be desirable to consider whether it is corroborated either by clear direct evidence or by circumstantial evidence. This Court had again occasion to consider the evidentially value of expert opinion in regard to handwriting in Fakhruddin v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny of an handwriting expert may be accepted. There cannot be any inflexible rule on a matter which, in the ultimate analysis, is no more than a question of testimonial weight. We have said so much because this is an argument frequently met with in subordinate courts and sentences torn out of context from the judgments of this Court are often flaunted. The argument that the court should not venture to compare writings itself, as it would thereby assume to itself the role of an expert is entirely without force. Section 73 of the Evidence Act expressly enables the Court to compare disputed writings with admitted or proved writings to ascertain whether a writing is that of the person by whom it purports to have been written. If it is hazardous to do so, as sometimes said, we are afraid it is one of the hazards to which judge and litigant must expose themselves whenever it becomes necessary. There may be cases where both sides call experts and two voices of science are heard. There may be cases where neither side calls an expert, being ill able to afford him. In all such cases, it becomes the plain duty of the Court to compare the writings and come to its own conclusion. The duty can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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