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Criminal Lawyer: The accused can file objection to the report of handwriting expert relied upon by the prosecution; SC.

Supreme Court of India

Justice Navin Sinha and Justice Ashok Bhushan

The SC holds that the accused cannot derive any benefit and seek acquittal; from the fact that the offence could not be done by the accused alone, and the other accused persons could not be traced and put to trial - due to the investigation had not been of the standard and nature that it ought to be.

The SC {Ram Gopal v. CBI} dismissed the appeal of the accused / appellants for conviction under offences Sec 120B, 420, 467, 468, 471, 477-A, 201 IPC read with Sec 13(1)(d) and 13 (2) of Prevention of Corruption Act. The appellants were convicted for opening fictitious Bank Account in Ghaziabad, UP, and doing forged credit entries in the said account, and for subsequent withdrawal of money. It was held by the SC that the signatures of the appellant on the incriminating documents were proved by the handwriting expert examined by the prosecution, and the appellants/ accused had failed to file any objection to the report of the handwriting expert examined by the prosecution before the trial court. And the handwriting expert examined by the appellants before trial court gave report on the photocopies of the writing and signatures of the appellants, and therefore, is of no anvil to the appellants.

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