SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(SC) 361

FAIZAN UDDIN, G.N.RAY, G.T.NANAVATI, J.S.VERMA, N.P.SINGH
State – Appellant
Versus
S. J. Choudhary – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The opinion of a typewriter expert is admissible as evidence under Section 45 of the Evidence Act, 1872, as it involves a scientific study of the peculiar features of the typewriter and its individuality (!) (!) (!) .

  • The earlier view that the opinion of a typewriter expert was not admissible under Section 45 is no longer valid and has been overruled; the previous legal position based on a different case law is considered no longer good law (!) (!) (!) .

  • The term "science" in Section 45 is interpreted broadly to include the scientific study and expertise related to typewriting, which involves systematic analysis and comparison of features unique to each typewriter (!) (!) (!) .

  • The expression "handwriting" in the statute is understood to encompass typewriting, especially given the technological advancements and common usage of typewriters since the enactment of the law (!) (!) .

  • The opinion of a typewriter expert is based on recognized scientific principles, and their expertise involves analyzing significant features of the typewriter to establish the identity of the machine used to produce a questioned document (!) (!) (!) .

  • The scientific examination of typewriting involves identifying individual characteristics and irregularities that are unique to each machine, making such expert opinions reliable and relevant (!) (!) (!) .

  • The law considers the ongoing nature of the Evidence Act, implying that it adapts over time with technological and societal changes, which supports the inclusion of modern methods such as typewriter analysis within its scope (!) (!) (!) .

  • The examination and identification process is supported by authoritative texts and standard principles in the field, emphasizing that such scientific analysis is well-established and accepted in similar jurisdictions (!) (!) (!) (!) (!) (!) .

  • The court has the authority to interpret statutes dynamically, applying current technological understanding to ensure the law remains relevant and effective in modern contexts (!) (!) (!) .

  • The decision clarifies that previous judicial opinions limiting the admissibility of expert opinions on typewriting are no longer applicable, and the expert testimony is deemed admissible and relevant for establishing facts in legal proceedings (!) (!) .

Please let me know if you need further elaboration or specific legal advice related to this document.


JUDGMENT

J.S. Verma, J.-The reference made in this appeal to the Constitution Bench is for deciding the important question of law : Whether the opinion of a typewriter expert is admissible in evidence under Section 45 of the Indian Evidence Act, 1872 ?

2. The respondent-S.J. Choudhary was being tried in the Court of Add. Sessions Judge, New Delhi, on charges punishable under Section 302, IPC and Sections 3 and 4 of the Explosive Substances Act, 1908 in Sessions Case No. 36 of 1983. The prosecution wanted to examine a typwriter expert for proof of certain incriminating facts against the respondent based on the identity of a typewriter on which a material document was alleged to have been typed. An objection was taken to the admissibility of the opinion evidence of the typewriter expert under Section 45 of the Indian Evidence Act, 1872 (for short "Evidence Act") based on the decision of this Court in Hanumant v. The State of Madhya Pradesh1, and the Trial Court upheld that objection. Criminal Revision No. 105 of 1987 was filed in the Delhi High Court by the prosecution challenging that order. The Delhi High Court has dismissed the revision, hence this appeal by special leave.

3. The pre































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top