SUYOG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision Application has been filed by original Accused Petitioner facing Sessions Case No.163 of 2009 pending before Additional Sessions Judge, Aurangabad. The Petitioner is facing offence punishable under Section 376, 328, 354 and 506 of the Indian Penal Code, 1860.

(2.) The evidence of Respondent No.2 ( I have refrained to put her name, which is available in the original Petition) as PW 3 was being recorded in the Sessions Case and in the course of cross examination, a letter was put up to her. She declined that the same was in her handwriting. She was asked and she wrote out a passage to dictation of the Advocate for Petitioner Accused and also put signatures in Marathi and English as she was asked. The Petitioner Accused filed application Exhibit 26 and the Sessions Judge passed order that the disputed document Article A and the sample handwriting given by the prosecutrix Exhibit 24 and other admitted documents as mentioned in the order, be sent to the State Examiner of Documents for opinion whether the handwriting made in disputed document Article A was of the same person who had written the documents Exhibit 24, 15, 18 and 21. Accordingly, the documents were sent. Subsequently, on 26th March, 2012 the handwriting expert sent letter to the Court stating that the sample handwriting sent was not enough and some more sample handwriting is necessary. The handwriting expert requested that the disputed handwriting should be encircled and concerned person should be asked to give sample handwriting as per the disputed document on six pages. The letter also requested that the natural Marathi and English handwriting of the person written in ordinary course should also be sent.

(3.) Letter of handwriting expert was endorsed by the trial Court on 27th March, 2012 directing Advocate for Petitioner Accused to give say. After more than 1 and 1/2 year, on 4th December 2013 vide Exhibit 30, the Petitioner Accused filed application requesting that the complainant (prosecutrix) should be called upon to complete requirement of handwriting expert.