Supreme Court · 2016 INSC 553 · Decided 25 July 2016

Sukhram v. State of Himachal Pradesh

Court
Supreme Court of India
Citation
2016 INSC 553 · [2016] 3 S.C.R. 254
Case number
CRIMINAL APPEAL No. 224/2012
Decided
25 July 2016
Bench
V. GOPALA GOWDA, R. BANUMATHI (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 468, 471; CrPC Section 311; Evidence Act Section 73

Headnote

Code of Criminal Procedure, 1973: s.311-A - Power of the Magistrate to order person to give specimen signatures or handwriting - Alleged incident of misappropriation of funds took place during 1983~86 - Trial court discarded the opinion of handwriting expert on the ground that the direction given to the witnesses to give handwriting specimen was not warranted as Executive Magistrate did not have authority to enquire into or try the offence -·Trial court held that in absence of legal evidence, it cannot be held that the accused had entered into conspiracy of committing forgery

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