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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -208-his confessional statement whereas the opinions of thehand writing experts are merely indicative and notconclusive beyond reasonable doubt. We begin with thecomment made by the translator of the Urdu letters(PW-121: Ex.657) who had categorically stated that:“The matter in both the letters was same butthe persons who wrote it are not the same asper my opinion”.(translation extracted from the Additionaldocuments submitted on behalf of theappellants)But considering the fact that he was not a handwriting expert, we shall refer to the statement of theevidence of the hand writing expert, Jagdish Bhai (PW-89: Ex.507) who had assigned the following reasons forrecording his finding in his report that the handwriting of A-4 matches with the letters allegedlyfound from the pockets of the trousers of thefidayeens:

Crl.A.Nos.2295-2296 of 2010 -209-“Pictorial appearance of all the disputedspecimen and natural writings are similar.All these writings are written freely withspeed showing natural variation amongthemselves.They agree in the writing habits such asmovements, slants, spacing, relative size andproportion of characters, line quality,alignment of characters; manner ofaccommodation etc.They also show similarities in the executionof various commencing, terminal and connectingstrokes.………However, during cross examination by the learnedcounsel on behalf of A-2 and A-4 while deposing beforethe court, he has stated as under:“Question: Hand writing science is not aperfect science.Answer: It is also not imperfect science. Itcan be called developing science......Question: What basic knowledge of Urdu youhave? Answer: The Urdu language is written fromright to left, the said fact as well as thefact that the complete word is written incombination that initial, medial and final.Also, wherever there is double pronunciationlike in bachcha, kachcha then letter likelittle ‘W’ like English is made. I have studied‘Kaaf’, ‘Gaaf’, ‘Nukta’, ‘Hamja’, ‘Tasdid’,‘full- stop, ‘comma’, small S, big SW, vowels

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