Sunday, 27 December 2015

How to prove handwriting of any person on any document as per S 47 of Evidence Act?

Section 47 of the Evidence Act lays down that when the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the hand writing of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. The manner in which Section 47 is framed indicates that it is enough for a witness to say in examination-in-chief that he is acquainted with the handwriting and that if it is desired to challenge his statement he should be cross examined on that point to show that he could not be acquainted with the handwriting in the circumstances of a particular case. In other words, a witness need not state in the first instance how he knows a handwriting since it is the duty of the opposite patty to explore in cross examination the sources of his knowledge, if he be dissatisfied with the testimony as it stands.
Equivalent Citation: 1990 AWC 113 All
Lucknow Bench
Cr. Appeal No. 532 of 1982
Decided On: 07.07.1989
Appellants: State
Respondent: Jagdish Prasad
Hon'ble Judges/Coram:
G.B. Singh, J.

Read full judgment here; click here
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