NDLI: Padum Kumar Vs. State of Uttar Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Criminal Law Evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Criminal Law – Evidence – Opinion of hand writing expert – Appreciation of – Appellant-accused was working as Postman at the relevant time – On 09.04.92, PW-3 sent registered envelope to the Complainant-PW-1 – Envelope contained four Indira Vikas Patra of value of each Rs.5,000/- totalling Rs.20,000/- – Envelope did not reach PW-1 who made complaint to the Department of Posts – Information was received that a person named “Mohan” received the aforesaid registry – PW-1 and his son named Devesh Mohan (PW-2) went to the Post Office and saw the signature where it was written “D. Mohan” – PW-2 denied that the signature in question belongs to him – Investigation revealed that the appellant forged the signature on the delivery slip-Ex.-P4 – Trial court convicted the appellant u/ss.467, 468, IPC– Appellant’s appeal and revision were dismissed – Held: Before acting upon the opinion of the hand-writing expert, prudence requires that the court must see that such evidence is corroborated by other evidence, direct or circumstantial – In the present case, the report of the Government Forensic Science Laboratory was in favour of the appellant – But since the hand- writing expert from the said laboratory was not examined, the said report cannot be looked into – Further, the private hand-writing experts (PW-5 and PW-8, son of the hand writing expert who died by the time of the trial) opined that the disputed signature-”Q-1" in Ex.-P4 does not match with the specimen signatures of PW-2, “S-1 to S-6” – Appellant not right in contending that the courts below based the conviction solely upon the opinion of the hand-writing experts – Evidence of hand-writing experts is only a corroborative piece of evidence to corroborate the evidence of PW-2 – Conviction u/ss.467 & 468 IPC, confirmed – Under ss.467 & 468, the appellant was sentenced to undergo imprisonment for four and three years with fine of Rs.500/-, respectively – Occurrence was of the year 1992 – Appellant has been in custody from 04.07.18 i.e. for more than 18 months – In the facts and circumstances of the case, the sentence of imprisonment imposed is reduced to the period already undergone – Appellant be released forthwith unless required in any other case – Penal Code, 1860 – ss.467, 468.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2020 INSC 37
Petitioner	Padum Kumar
Respondent	State Of Uttar Pradesh
SCR	[2020] 1 S.C.R. 57
Judgement Date	2020-01-14
Case Number	87

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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