Handwriting Expert

Evidence of Handwriting Expert is viewed as inherently weak.

Evidence of expert is weak type of evidence and is only confirmatory or explanatory of direct or circumstantial evidence

Confirmatory evidence cannot be given preference when confidence inspiring evidence is available.

In order to compare different handwritings or, signatures, handwriting expert is required to examine different characteristics of both handwritings or signatures such as pen hold; pen pressure; slant; speed; sizing; aligmnent; spacing; line quality; tremors; curves; connections; rhythm; momentum; pulse; position in all letters etc.

If handwriting expert finds similarity in such characteristics then he has to give a positive findings

Opinion of handwriting expert under Art.59 of Qanun-e-Shahahat, 1984, is relevant in evidence but it does not mean that report prepared by expert would be admissible without examination of the expert.

S. 47 - Handwriting expert, Court satisfied that accused and none else was author of disputed writing and signatures-Non-production of Handwriting Expert

Held, in circumstances of case, not a strong circumstance against prosecution.

S. 45-Handwriting expert-Unsafe to base decision purely on expert's opinion "without sufficient corroboration" - Service of caligraphy "in-exact", not having attained "any degree of accuracy".

Handwriting expert-Expert failing to compare signature in agreement with these in admitted documents-Prayer for examination afresh by expert refused by Court-Special Leave to Appeal granted by Supreme Court to consider whether refusal was justified.

Evidence to be received with "great caution", but such evidence, and reasons on which it is based, entitled to careful examination before rejection-Non-acceptance by Court of expert's evidence does not mean expert has committed perjury-Evidence Act (I of 1872), S. 45-[Wakeford v. Lincoln A I R 1921 P C 168 and "Rogers on Expert Testimony' 9th Ed, p. 449, cited in Monir's Law of Evidence ref.]

Handwriting Expert Conviction cannot be based merely on testimony of such expert-Evidence Act (I of 1872), S. 45.