38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Expert Evidence Should Not Be Given Precedence Over Substantive Evidence: SC [Read Judgment]

By LawStreet News Network      29 August, 2019 11:08 AM      0 Comments
Expert Evidence Should Not Be Given Precedence Over Substantive Evidence: SC [Read Judgment]

The Supreme Court on August 27, 2019, in the case of Chennadi Jalapathi Reddy v. Baddam Pratapa Reddy (Dead) Thr Lrs. & Anr., has reiterated that expert evidence should not be given precedence over substantive evidence.

In this case, the disputed signature of the first defendant was identified by his brother as those of the first defendant himself. However, another defence witness, a handwriting expert, deposed that the admitted signatures of the first defendant and the disputed signature do not tally, and that it is forged. The Trial Court considered this expert opinion, but preferred not to rely on it, inasmuch as it ruled that the expert opinion was not corroborated by any reliable evidence. However, the Andhra Pradesh High Court solely relied upon the expert opinion and dismissed the suit by concluding that the signature of the first defendant is forged.

In appeal filed by the plaintiff, the Bench comprising Justice N.V. Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi observed that the court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature.

Reliance was placed on various judgments of the apex court to hold that “it may not be safe to solely rely upon such [expert] evidence, and the Court may seek independent and reliable corroboration in the facts of a given case. Generally, mere expert evidence as to a fact is not regarded as conclusive proof of it.”

Particularly, the Bench relied on its judgment in Shashi Kumar Banerjee v. Subodh Kumar Banerjee, wherein the court had observed that the evidence of a handwriting expert can rarely be given precedence over substantive evidence.

The court said that, in the present case, the testimony of DW 3 can safely be relied upon, and must be accorded similar, if not greater, weight than the expert evidence adduced by the defendants to advance their case. It said:

“The weight to be accorded to such an opinion depends on the extent of familiarity shown by the witness with the disputed handwriting. This, in turn, depends on the frequency with which the witness has had occasion to notice and observe the handwriting, his own power of observation, and how recent such observations were.”

With this view, the court set aside the impugned judgment passed by the Andhra Pradesh High Court and restored the decree passed by the Trial Court.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email