Authenticity of Document- URGENT
Sumir
(Querist) 02 January 2010
This query is : Resolved
I had filed RTI to get audit report of a body/organization/association (name can't be revealed), and got the report dated 12 April 08. I then met with ex manager of the body who told me that the audit involved malpractice, and showed me letter of auditor dated 16th April 08, that he can’t audit the account since it does not have bills; now my question is can I use the letter as evidence; what if both sender (auditor), and receiver (the chairman of body) both denies that the letter is authentic, and that it is a forged document since both are involved in malpractice; i.e. in other words how does the authenticity of signature be checked.
R.R. KRISHNAA
(Expert) 02 January 2010
Yes the letter is indeed a good evidence. The person who claim it is forged has the burden of proof to establish that the document is forged. In your case it is upon the auditor and chairman to prove the forgery. You dont worry. Secondly to prove the signature, you have to take the opinion of a handwriting expert and report of the expert will substantiate your view.
Raj Kumar Makkad
(Expert) 02 January 2010
I have different opinion than of Krishnalegal. First of all you have to prove how you obtained the alleged letter. Your relation with the alleged letter is to be established. If you fail to establish it then you cannot put the same as an admissible evidence and in that case the accused persons shall have in a better position to rebut you.
anuz doda
(Expert) 02 January 2010
Dear Sumir , Mr R K Makkad is right .
adv. rajeev ( rajoo )
(Expert) 02 January 2010
You can produce the letter in the court as an evidence, but burden lies on you to prove it. You have to lead the evidence of the person who issued a letter, otherwise no use.
niranjan
(Expert) 02 January 2010
You can obtain true copy from the auditor and then you may proceed.If you have taken a letter from the manager,it can be said that it is not coming from the proper custody and can put you in trouble.
Ashok Yadav
(Expert) 08 January 2010
Mr Makkad is right
R.R. KRISHNAA
(Expert) 16 January 2010
THE DOCUMENT MAY BE BEEN ILLEGALLY OBTAINED. HOW PROCURED NOT NECESSARY
2000 (1) CTC 545
