Crl.Misc.No.M-31920 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-31920 of 2008
Date of Decision: 19 - 1 - 2009
Krishan Kumar .....Petitioner
v.
State of Haryana .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.N.S.Shekhawat, Advocate
for the petitioner.
Mr.S.S.Mor, Sr. DAG, Haryana.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The case of the petitioner is that Savita was examined as PW-1.
During her cross-examination, letters Exs.DG to DI were put to her. She
denied that she is author of the letters. According to the averments made in
the petition, prosecutrix has stated that she is ready to give her specimen
handwriting in Court. Grievance of the petitioner is that an application
Annexure P1 was filed in the Court of Additional Sessions Judge, Rewari
for obtaining handwriting of Savita for comparison with the letters Exs.DG
to DI. Additional Sessions Judge, Rewari noticed the contention of the
State counsel that these letters were already in possession of the
Investigating Agency.
Crl.Misc.No.M-31920 of 2008 [2]
The endeavor of the Court is to arrive at truth. The accused
during the course of cross-examination had pleaded reasonable defence.
Therefore, witness was willing to give her handwriting for comparison with
the alleged letters Exs.DG to DI. Same could have been sent for
comparison. Accordingly, the present petition is allowed. The witness is
ready and willing to give her specimen handwriting. Same be sent for
comparison. However, the witness cannot be compelled to give her
handwriting. In case she refuses to give her handwriting, then the necessary
inference which is permissible under law can be drawn while appreciating
the evidence.
( KANWALJIT SINGH AHLUWALIA )
January 19, 2008. JUDGE
RC