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Supreme Court of India 2025-03-03 allowed

KAMALAKKANNAN vs REP. BY INSPECTOR OF

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

The appellant was convicted of forgery and criminal conspiracy after a marksheet submitted for medical college admission was found fabricated. The prosecution's case rested on a handwriting expert's opinion that the postal cover transmitting the forged marksheet bore the appellant's handwriting. However, the Supreme Court found the original postal cover was never exhibited or proved in evidence at trial. Since the foundational document itself was not legally established, the expert's opinion regarding its handwriting became redundant. The Court held that primary evidence must be established before expert evidence regarding a document can sustain conviction. The appellant's conviction was quashed and he was acquitted."

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Criminal Evidence Expert Evidence Handwriting Identification Document Proof Criminal Procedure

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