STATE OF MYSORE Vs. C VGOPALA RAO

JUDGEMENT

(1.) In the course of the trial of the case against respondent for offences of cheating, forgery etc., the prosecution sought to prove the writing of accused by evidence of an expert based on comparison of the writing in question with that obtained during investigation, from the accused. This was objected to as being repugnant to Article 20(3) of the Constitution of India and tantamount to compelling the accused to give incriminatory evidence. The objection was upheld. Later the prosecution requested the Court to call upon the accused to give his writing in Court and make it available for comparison by the expert. This was also rejected. Hence this petition.

(2.) Whatever may be said in regard to the writing given to the Police, there is preponderance of authority to justify the later application made to the Magistrate. The cases are collected in --'Golam Rahman v. The King', AIR1950 Cal 66 (A). The effect of these as stated in the head note is:

(3.) Order accordingly.