Case Note & Summary
The case involved the State (through CBI) appealing against a High Court order that dismissed its petition to examine an expert on type script evidence in a trial concerning the death of Krishan Sikand, who was killed by an exploding parcel containing a grenade. The incident occurred on 2nd October 1982, when Sikand opened a parcel addressed to him, unaware of its dangerous contents. Following the explosion, police collected typewritten remnants from the scene, which were sent to the Central Forensic Science Laboratory for analysis. An expert opined that the typewritten address on the parcel matched typewriters from a commercial college. The trial court denied the prosecution's request to examine the expert, citing a precedent from Hanumant v. State of Madhya Pradesh, which held that such expert opinions were inadmissible under Section 45 of the Indian Evidence Act. The High Court upheld this decision, leading to the State's appeal. The Supreme Court acknowledged the rapid advancements in forensic science and the need to reassess the admissibility of expert testimony regarding type scripts. The court decided to refer the matter to a larger bench for a comprehensive examination of the issue, emphasizing the importance of aligning legal standards with modern scientific knowledge. The court ordered that the case be heard promptly to avoid further delays in the ongoing trial.
Headnote
A) Evidence Law - Expert Opinion - Admissibility of Type Script Evidence - Indian Evidence Act, 1872, Section 45 - The court considered whether the opinion of an expert regarding type script falls within the ambit of Section 45 of the Indian Evidence Act, necessitating a detailed examination by a larger bench due to advancements in forensic science. Held that the question requires in-depth analysis and should be decided by a larger bench (Paras 130-131).
Issue of Consideration
Whether the opinion of an expert regarding type script is admissible under Section 45 of the Indian Evidence Act, 1872.
Final Decision
The Supreme Court referred the matter to a larger bench for detailed examination of the admissibility of expert opinion on type scripts under Section 45 of the Indian Evidence Act, emphasizing the need for alignment with modern forensic science.
Law Points
- Admissibility of expert opinion
- forensic science
- Indian Evidence Act
- Section 45
- typewriting evidence
