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Issues: Whether courts can direct disputed documents to be sent for forensic opinion to ascertain the age of writings and signatures on them.
Analysis: The right to a fair trial under Article 21 permits an accused to seek expert examination of documents where a relevant scientific expertise exists. Section 45 of the Evidence Act contemplates opinion evidence from a person specially skilled in the relevant field. On the material placed before the Court, including the clarification from the Forensic Science Department, there was no scientific method available in the State to determine the age of writings or signatures with certainty. The Court also noted that earlier decisions relied on by the parties did not decide this specific question on the availability of such expertise.
Conclusion: Courts should not hereafter direct documents to be sent for opinion on the age of writings unless a reliable scientific method becomes available.
Final Conclusion: The revisions succeeded and the orders permitting forensic examination for determining the age of the writings were set aside, with the request for such opinion rejected.
Ratio Decidendi: A document may be sent for expert opinion only when a real and scientifically reliable expertise exists for the specific question; absent such expertise, a direction to determine the age of writings is futile and unwarranted.