Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.311-A - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.311-A - Power of the Magistrate to order person to give specimen signatures or handwriting - Alleged incident of misappropriation of funds took place during 1983~86 - Trial court discarded the opinion of handwriting expert on the ground that the direction given by Executive Magistrate to the witnesses to give handwriting specimen was not warranted as Executive Magistrate did not have authority to enquire into or try the offence -·Trial court held that in absence of legal evidence, it cannot be held that the accused had entered into conspiracy of committing forgery and cheating and acquitted the appellant and others - High Court found appellant guilty of forging loan applications and convicted him u/s.468 - Whether the Judicial Magistrate/Executive Magistrate was authorized to take specimen writing and signatures of the said accused during the investigation of the case when no matter was pending before either of them - Held: s.311-A of Cr.P.C. was introduced by Act No. 25 of 2005 w.e.f 23.06.2006 with respect to the powers of the Magistrate to order the person to give specimen signatures or handwriting; but no such powers were there prior to the year 2006 - In the instant case, the occurrence was of the year 1983- 1986 and, therefore, the authority of the Executive Magistrate to take specimen signatures of witnesses during the course of investigation cannot be disputed - Even otherwise, there is clear oral evidence of these witnesses denying their signatures in the loan application and other documents - High Court rightly reversed the judgment of acquittal and found the appellant guilty of the offences u/ss. 468 and 471 - Evidence Act, 1872 - s. 73 - Identification of Prisoners Act, 1980 - s.5 - Penal Code, 1860 - ss. 468 and 471. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 553 |
Petitioner | Sukhram |
Respondent | State Of Himachal Pradesh |
SCR | [2016] 3 S.C.R. 254 |
Judgement Date | 2016-07-25 |
Case Number | 224 |
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