Gratiaen Perera V. The Queen

1960 Present: Weerasooriya, J., and Sinnetamby, J.

A. GRATIAEN PERERA, Appellant, and THE QUEEN, Respondent

S. C. 69-D. C. (Criminal) Colombo N 1930/38762A

    Evidence-Expert- Weight of his evidence-Handwriting- Duty of expert to give particulars-Duty of Judge to examine the expert's opinion.

Where a handwriting expert testifies of forgery, his testimony should be accepted only if there is some other evidence, direct or circumstantial, which tends to show that the conclusion reached by the expert is correct.

A handwriting expert should draw the attention of tm Judge to the details which influence him in reaching his decision, and the Judge must not accept the expert's opinion without making an attempt himself to decide whether the grounds on which the expert's opinion is formed are satisfactory. The opinion of the expert is relevant but the decision must, nevertheless, be the Judge's.

APPEAL from a judgment of the District Court, Colombo.

Nimal Senanayake for the 3rd accused-appellant.

T. A. de S. Wijesundera, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

March 7, 1960. SINNETAMBY, J.-

This is an appeal by the th

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