SAPAN HALDAR Vs. STATE

JUDGEMENT

(1.) On the subject of admissibility of sample handwriting or signature obtained from a person accused of having committed an offence or during investigation of a crime by the Investigating Officer, the matter has been referred to a larger Bench vide order dated August 11, 2011 since the Division Bench noted a divergence of opinion on the subject by various Division Benches of this Court.

(2.) Deciding a reference made to it, vide opinion dated September 30, 2011 in Crl.Appeal No.1005/2008 'Bhupinder Singh v. State', on the question : 'Whether the sample finger prints given by the accused during investigation under Section 4 of the Identification of Prisoners Act 1920 without prior permission of the Magistrate, under Section 5 of the Act will be admissible or not'', a Full Bench of this Court overruled the view taken by Division Benches holding against the admissibility of such evidence and affirmed the view taken by Division Benches holding in favour of admissibility of such evidence but proceeded to decide the reference, as would be evident from a reading of paragraph 18 of the opinion dated September 30, 2011, as if the question referred to the Full Bench embraced even a handwriting or a signature obtained from a person accused of an offence whilst in police custody.

(3.) We proceed our journey by noting the relevant provisions of 'The Identification of Prisoners Act 1920'. At the forefront stands the definition of the expression 'measurements' as defined in clause (a) of Section 2 of the said Act. It reads as under:-