54
In Ajit vs State 1997 Cr LJ 3964 (SC) : (1997)7 SCC 110 it was
held that “Section 73 does not specify by whom the comparison shall
be made. However, looking to the other provisions of the Act it is
clear that it can be made by a handwriting expert (sec 45) or by
anyone familiar with the handwriting Sec 47 or by the court itself.”
So, P.W. 15 had stated his opinion and according to his opinion the
admitted writings and signatures marked “J”, “J1”, “K”, “L” and “M” i.e.
those documents marked exhibits 13/3, 14/2, 15/2 and 16/2 by this
court also executed the writings and signatures marked “I” i.e. exhibit
10 marked by this court and exhibit 10 is the admission form of
Animesh Boxi. In a judgment reported in AIR1973 SC 1346 it was held
that “Court not to give much weight to the evidence of handwriting
expert. His evidence must yield to the positive evidence in court.” In
another judgment S. Gopal Reddy v State (1996) 4 SCC 596 it was
held that “The evidence of an expert is rather weak type of evidence
and all courts do not generally consider it as offering conclusive proof
and
therefore
safe
to
rely
upon
the
same
without
seeking
independent and reliable corroboration.” Section 47 of the Indian
Evidence Act states about opinion as to handwriting, when relevant.
In a judgment AIR 1959 SC 93; AIR 1959 SC 443 it was held that
“Proof of signature - opinions of a handwriting expert and any person
acquainted with the handwriting are admissible. Circumstantial
evidence to prove signature.” So, as because P.W. 15 stated that
according to his opinion the person who executed the admitted
writings and signatures marked “J”, “J1”, “K”, “L” and “M” also
executed the writings and signatures marked “I” is not the conclusive
proof of it. P.W. 5 in his evidence identified the admission form of
Animesh Boxi and further stated that it had been filled up by Animesh
Boxi and it had been signed by Animesh Boxi and he knew the
handwriting and signature of Animesh Boxi. P.W. 5 also identified the
original answer paper of second Internal examination of Animesh
Boxi, original membership form of Central Library of Budge Budge
Institute of Technology dated 12/8/2014 of Animesh Boxi and stated
that it had been filled up and signed by Animesh Boxi and he knew
the signature and handwriting of Animesh Boxi, original membership
form of Central Library of Budge Budge Institute of Technology dated
12/8/2014 of Animesh Boxi, original book bank card of Budge Budge
Institute of Technology of Animesh Boxi, original book card vide No.
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