Forensic & handwriting
Querist :
Anonymous
(Querist) 18 August 2011
This query is : Resolved
what is the role of a forensic documentation expert when there is not adequate documents available ? can he/ she help to solve the case then?
Advocate. Arunagiri
(Expert) 18 August 2011
When a handwriting is disputed by the person, it has to be compared with the admitted handwriting.
So, a person who is claiming it as forged document has to prove it. If he fails to prove it as a forged document, it will be treated as genuine.
Raj Kumar Makkad
(Expert) 18 August 2011
If there are not adequate documents then the role of forensic documentation expert is very limited. He has not to solve the case rather he is an expert of his subject. The decision of the case has to be done by judicial officer keeping in view various factors.
prabhakar singh
(Expert) 19 August 2011
i beg to differ with Expert Advocate. Arunagiri,if a plaintiff sets up a case that a particular document is executed by defendant but he (defendant) denies execution and signature,then the burden is on plaintiff
to prove which defendant would rebut by his evidence,because of the fact that there is no legal presumption raised in favor of plaintiff of its genuineness.
In case of inadequacy of documents,an expert has very limited role as it is not an exact science ,the art in it is more to be explored by expert by comparison.
But in practice,more often than not it is found that either side engages his expert and get a favorable report,then between two experts,the third expert as umpire becomes the court itself and decides the case on the basis of probabilities leaning towards one of the expert report.
nutan supekar
(Expert) 19 August 2011
questioned docs are always limited in no. but yet the examination can be done by getting more samples or requested documents.
In so many cases cfsl has examined thoroughly the inadequate documents with accuracy.
In my opinion the skill of the document expert is not affect by inadequacy of documents. if he is definite then he can positively examine the documents even if they are inadequate in nos.
Advocate. Arunagiri
(Expert) 21 August 2011
Mr.Prabhakar,
Assume X is producing documents written by Y.
If Y denies his handwriting, claims that it is forged document, burden of proof shifts on Y.
Once Y produces documents to show his original handwriting, now X has to seek for forensic expert opinion. The court may suo motto order for expert opinion.
So, if Y is not adducing any evidence to show that the document is forged, it will be treated as genuine.
