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Girish Agrawal (ITO)     29 May 2012

Validity of specimen signatures

Sir,

I want to know if specimen signatures obtained by police/cbi during the course of investigation can be used as evidence for getting opinion from a forensic expert. There are conflicting decisions by the supreme court on the subject:

1.  Supreme Court of India

Sukhvinder Singh And Ors. vs State Of Punjab on 12 May, 1994

Equivalent citations: JT 1994 (4) SC 1, 1994 (2) SCALE 877, (1994) 5 SCC 152
Author: A Anand
Bench: A Anand, F Uddin
&
2.
State Through Spe & Cbi, Ap vs M. Krishna Mohan & Anr on 12 October, 2007
Author: S Sinha
Bench: S Sinha, H S Bedi.
 
 The incident relates to 1996 97.
In sukhvinder singh, the SC has held that specimen signatures cannot be obtained during the course of investigation whereas in M krishna Mohan the opposite has been held.
 
Thanks in anticipation of reply.


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