TaxTMI 
TaxTMI 
2011 (1) TMI 1579
X X X X Extracts X X X X
X X X X Extracts X X X X
..... However, in the re-examination, he has stated that Kali and Elumalai signed, exerting pressure and the difference occurred due to this. Hence, the suit pro-note has to be sent for ascertaining whether there are differences between the inks used for signatures in the suit pro-note and other printed form. 3. In the counter filed by the Respondent, it is stated that the petition is not maintainable and that by means of document examination, the period of writing could not be accurately ascertained. The Petitioner has not produced any registered documents of contemporaneous period to that of the suit pro-note for comparison of ink. The petition has been filed to procrastinate the proceedings. On 30.06.2008, the suit was filed. The Plaintiff's witnesses were examined and the case was posted for Defendant's witness on 18.06.2009. There is no explanation in the affidavit, for what reason this petition has been filed one year after the date of filing of the suit. The opinion of the handwriting expert is not conclusive. Hence, the petition may be dismissed. 4. The Court below dismissed the application by observing that no valid grounds are made out to refer the disputed document....
X X X X Extracts X X X X
X X X X Extracts X X X X
....respect of an offence triable by him does not exceed his powers under Section 243(2) if, in the interest of justice, he directs to send the document for enabling the same to be compared by a handwriting expert to compare the disputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The Appellant is entitled to rebut the case of the Respondent and if the document viz. the cheque on which the Respondent has relied upon for initiating criminal proceedings against the Appellant would furnish good material for rebutting that case, the Magistrate having declined to send the document for the examination and opinion of the handwriting expert has deprived the Appellant of an opportunity of rebutting it. The Appellant cannot be convicted without an opportunity being given to her to present her evidence and if it is denied to her, there is no fair trial. "Fair trial" includes fair and proper opportunities allowed by law to prove her innocence. Adducing evidence in support of the defence is a valuable right. Denial of that right means denial of fair trial. It is essential that rules of procedure design....
X X X X Extracts X X X X
X X X X Extracts X X X X
....4 says even with respect to chemical tests that "the chemical tests to determine the age also, as a rule are a mere excuse to make a guess and furnish no reliable data upon which a definite opinion can be based. In these circumstances, the mere opinion of the expert cannot override the positive evidence of the attesting witnesses in a case like this where there are no suspicious circumstances. 11(a). In the case before the Supreme Court, the expert did not perform any chemical test. Hence the Supreme Court has observed as above. Even in the said authority "Questioned Document" by Albert S. Osborn, the other portions were looked into and referred to by the learned Judge of Andhra Pradesh in his decision above. The extraction of relevant excerpts of the authority in the decision in Uppu Jhansi Lakshmi Bai's case is as follows: There are those also who pretend to say how old a writing is by merely examining it with a hand magnifier or a microscope. This always is an exhibition either of ignorance or of dishonest presumption. The chemical tests to determine age also, as a rule, are a mere excuse to make a guess and furnish no reliable data upon which a definite opinion can be ba....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n v. N. Ayyasamy and Anr., has opined that sending the documents for opinion in respect of the age of the writing on documents should not be resorted to hereinafter by the Courts unless, in future, due to scientific advancements, new methods are invented to find out the age of the writings. The learned Judge has sought for aid of the learned Additional Public Prosecutor of this Court to gain the view of the responsible officials in the Forensic Science Department, Chennai, on this issue. Accordingly, before the learned Judge, one Mr. A.R. Mohan, Assistant Director, Document Division, Forensic Science Department appeared. The learned Judge quizzed him as to the present practice in the Forensic Science Department for settling the issue. The following is the text in this context as regards the statement made by the above said Assistant Director before the learned Judge: 7. ...According to him, he is the Head of the document division of the department. On a query made by this Court regarding the above position, he would explain to this Court that there is no scientific method available anywhere in this State, more particularly, in the Forensic Science Department, to scientifically as....
X X X X Extracts X X X X
X X X X Extracts X X X X
....in his evidence that in the cheque Ex.P. 1, the writings Q1 and Q2 were made by using ink whereas Q3 to Q5 were made by using ball point pen and in the writing marked as Ql, there is a decolourisation of the figures 1993 and the figure 'I' in the month 25-12-1993 marked as Ql, has been inserted with different ink. Therefore, as rightly argued by the learned Counsel for the accused and as rightly pointed out by the Metropolitan Magistrate, there have been material alteration in the date of cheque by adding ' 1' before '2' in the month to make it appear that the cheque was issued on 25.12.1993 so as to bring the cheque within the validity period for the purpose of limitation. 14. The above mentioned decision brings to light that the questioned documents as regards the difference in ink were referred to the Forensic Science Laboratory in this State which were subjected to ink examination and the expert who performed the test deposed before the Court and stated about the tests undertaken by him. Hence, the statement by the Assistant Director of Document Division before this Court that no scientific method is available anywhere in this State, particularly in the....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... Sheikh v. State of Gujarat (2004) 4 SCC 158, 184 para 36 18. This Court has waded through various authorities specifically on this subject and found out that the procedures of investigation and demonstrations are very much at hand for ascertaining the age of the ink, which should have been adopted by the experts in our country contained in upto date treatise. 19.(a) Nature of examination of ink of various categories and different experiments performed by the renowned chemists and the reagents to be utilised for such experiments have been graphically narrated in the latest edition in Bhuvan's "Examination of Disputed Documents" (2010 edition). The excerpts in the said authority in pages 214, 222, 223, 225 and 226 are as follows: 7. Age of Ink.-.... (1).... (2).... (3) Diffusion pictures.- Inks often contain sulphate or chloride ions from the acids added to it. They diffuse into the paper with passage of time. If the paper is treated with lead acetate or silver nitrate, sulphate or chloride ions precipitate out as lead sulphate and silver chloride and give diffusion pictures. The age of the writing is directly related to the extent of diffusion, indicated by the diffu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ne part of proto-chloride of tin with one part of hydrochloric acid in 10 parts of water. 5. Solution of 15 per cent of sulphuric acid. 6. Do of 10" of hydrochloric acid. 7. Do. of 20" of nitric acid. 8. Solution of anhydrous sulphuric acid in water. 9. Solution of 4 per cent chloride of gold in water. 10. Do. of one part of ferrocyanide of potassium with one part of hydrochloric acid in 10 parts of water. 11. Solution of one part of thiosulphate of sodium with one part of ammonia and 10 parts of water. 12. Solution of 4 per cent of sodium hydrate in water. 10. Methods of Examination of inks: The method commonly used for studies of inks are: (1)Visual Examination: Visual examination must be done with light falling at various angles and in transmitted light. The colour and shade variations must be carefully noted, which reveals apparent discrepancies and erasures. (2)Chemical analysis: Generally, inks are acidic, alkaline or neutral and have power of resistance against chemical reactions from oxidizing or reducing agents. So, the chemical analyst must note the action and time of reaction. In context of modern development the chemicals used for the tests are: (1....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed above opinions on the strength of the following books of various authors: 1. Dr. B.R. Sharma, Forensic Science in Criminal Investigation & Trials, Fourth Edition with Supplement. 2. B.S. Nabar, Forensic Science in Crime Investigation, Reprint Edition,2008 3. John Adam & J. Collyer Adam, Criminal Investigation, Third Edition. 19(c) The author has detailed in the above book that the following are the often used ink categories: (i) Iron Tannate inks: Iron gallotannate ink is a mixture of tannic acid and gallic acid extracted from wood and when mixed witfi ferrous salts, gives a colourless liquid, which on drying gives black colour. It is, therefore, mixed with suitable dye to give colour to the ink. The common blue-black ink used in fountain pens belongs to this class. (ii) Dyestuff inks: Now-a-days, the most popular ink is dyestuff inks. It is manufactured from number of dyes. The most particularly used dye is nigrosine dye. It is available in many colours and shades. It is not permanent ink as it was washable and fades with passage of time. However, the fading of ink depends upon the individual dye of which it is manufactured. 19.(d) The above said authority amply amp....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... a week or so, but any darkening as shown by an increase in the red component will afford conclusive evidence that the writing is more recent than alleged. 21.(e) Even the age of dyestuff ink writing can be determined as per the author who has come out with the following version in page 124 of the book. Aged Ink: As an ink ages, the dyestuffs therein slowly decompose, until nothing but a crust of ferric oxide remains. At this stage, the chromatogram of anything which can be extracted from the ink line will bear little resemblance to that derived from the original ink. It might appear, therefore, that the age of an ink writing might be determined from the appearance of the chromatogram, but experiments have shown that, as long as the ink has not decomposed, the chromatogram is not appreciably affected. 22. New procedure for experiments have been discussed in the authority "Scientific Examination of Questioned Documents" (second edition 2006) edited by Jan Seaman Kelly and Brian S. Lindblom, of suspected documents and disputed documents in pages 153 and 154, which read thus: A microscopic spot test the reaction of a minute drop of chemical reagent on a portion of the ink stro....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... technology for achieving improvement on the subject. 24. On the basis of choosy and discerning performance of researches, the authors have provided procedures and devices, with reference to the names of chemicals and reagents to be utilised, to solve the issue and it is incumbent upon the experts to put the authoritative theories and the latest proved and established technologies to empirical use. They have to take the inventiveness drawing the proven and accepted principles from well settled authorities and the Government have to provide necessary latest infrastructures in the Document Division of the Forensic Sciences Laboratory and also allot necessary funds for the constitution of sophisticated laboratory which is a full-fledged one in this regard. 25. The scientist can elect non-destructive technique where there is no scope of destruction of disputed document. When the authorities effectively suggest various methods for subjecting a document for this purpose, it is high time for the scientists of this State and the Government committed them in use in practice. When the science has flourished to show enormous, remarkable, striking and much advanced improvements in all other ....