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Expert Testimony in CBI Document Case

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0% found this document useful (0 votes)
6 views5 pages

Expert Testimony in CBI Document Case

Uploaded by

nithishvreddy6
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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C.C. No.

17622/2017
CW-42/PW-36
IN THE COURT OF THE XVII ADDITIONAL CHIEF JUDICIAL
MAGISTRATE : BENGALURU.

[Link].17622/2017
C.W.42/P.W.36

Name : Sri. P. Venugopala Rao

Father’s name : Shri. Late. P. Ramachandra Rao

Age : 60 Years

Occupation : Retd. Assistant Director & Scientist 'C'

Residence : Hyderabad

DULY SWORN ON DATE.10.12.2024.

THE EXAMINATION - IN - CHIEF BY LEARNED SR. P.P. FOR CBI

During the year 2018, I was working as Assistant Director &


Scientist 'C' at CFSL, Hyderabad. I am Post Graduate in Physics from Sri.
Venkateswara University, Tirupati. Initially, I underwent on the job
training for three years in the field of examination of documents, from the
office of Government Examiner of Questioned Documents, Shimla. I
possess 33 years of experience in the field of examination of documents.
As an examiner of documents, I possess 21 years of experience. As an
expert witness, I have attended various Hon'ble courts of law as well as
Departmental inquiries, and I have deposed in various cases of Civil &
Criminal nature.

2. The documents in this case were forwaded by the Superintendent


of Police and Head of Branch, CBI, ACB, Bengaluru to our laboratory,
C.C. No. 17622/2017
CW-42/PW-36
for examination and opinion, vide a letter dated 21.06.2017, through a
special messenger, in two sealed covers. The documents were later on
alloted to me for my examination and opinion on 06.07.2017.

3. The forwarding letter of CBI, ACB, Bengaluru dated 21.06.2017


had enclousers which are annexures. Annexure -I is the description of
questioned documents, Annexure -II is the description of speciman
documents, Annexure-III is the description of questioned material objects
and Annexure-IV is the questionnaire.

4. The documents which were received and examined by me were


as follows:
The questioned documents marked as Q-1 to Q-31.
The specimen documents marked as S-1 to S-18.

5. I have independently examined the documents of this case


utilizing various scientific aids that included lenses of various
magnifications.

6. I have applied the basic principle of comparison which is “ like –


with – like comparison” during my examination of signatures.

7. On my examination, I have arrived at the opinion dated


16.05.2018. This opinion is in four pages. Each of the four pages bears
my signature. My signature is also present in page 2 of 4, at point 12A
which is the opinion on the documents. I can identify the said document.
Witness identifies the opinion along with the forwarding letter of Sri. Y.
C.C. No. 17622/2017
CW-42/PW-36
Suryaprasad, Director, CFSL, Hyderabad which were already marked
together as Ex.P-114. Further witness identifies the signature of Director
and his signatures. The signature of the Director marked as Ex.P-114(a)
and the the five signatures of the witness marked as Ex.P-114(b) to Ex.P-
114(f).

8. My detailed reasons for arriving at the opinion are mentioned at


point 12B, in page 2 of 4 to page 4 of 4.

9. After completion of the examination work, all the documents


along with the opinion in four pages were sent to the Superintendent of
Police and Head of Branch, CBI, ACB, Bengaluru, vide our laboratory
letter dated 18.06.2018, through a Special Messenger of CBI.

10. My opinion in this case is as follows:


(i). The person who wrote the blue enclosed signatures
stamped and marked S1 to S6 also wrote the red
enclosed signatures similarly stamped and marked Q1 to
Q3 and Q5 to Q24.
(ii). The red enclosed signature stamped and marked Q27
is found to differ in model and design from the blue
enclosed signatures similarly stamped and marked S7 to
S12, and, as such, is not comparable. It has, therefore,
not been possible to express any opinion regarding its
authorship or otherwise.
(iii). The red enclosed seal impressions stamped and
marked Q29 tally with the blue enclosed sample seal
C.C. No. 17622/2017
CW-42/PW-36
impression similarly stamped and marked S13 and S14.
(iv). The red enclosed seal impressions stamped and
marked Q29 do not tally with the blue enclosed sample
seal impressions similarly stamped and marked S17.
(v). The red enclosed signatures stamped and marked
Q4, Q25 and Q26 as well as the red enclosed seal
impressions stamped and marked Q28, Q30 and Q31
are in the form of photo-static reproductions. As the
photo-static reproductions do not afford suitable data
for comparison, their originals are needed.

CROSS EXAMINATION BYSRI. SVV ADVOCATE FOR


ACCUSED NO. 3 :

Sri. SVV advocate submits no cross-examination.


CROSS EXAMINATION BY SRI. K.R. ADVOCATE FOR
ACCUSED NO.1 AND 2 :

Sri. P.N advocate for Sri. K.R advocate prays time for cross-
examination as Sri. K.R advocate is busy in Hon'ble High Court of
Karnataka.
Learned P.P submits that the witness is retired official and he has
spent more than Rs. 16,000/- for traveling.
Hence, cross-examination of PW-36 is deffered on cost of Rs.
4,000/-.

(Dictated to the typist in the open court and the same is


Computerized and corrected by me.)
C.C. No. 17622/2017
CW-42/PW-36

R.O.I.&.A.C.,

XVII ACMM,
BENGALURU.

Common questions

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Maintaining the chain of custody presents challenges such as ensuring secure transfer protocols, as demonstrated by the use of special messengers, and the potential for human error in document handling. Thorough documentation and sealed transport minimize risks, but any lapse could compromise the evidence's admissibility in court. Ensuring the integrity of processes from the initial receipt to the final report requires stringent adherence to protocols and accurate record-keeping .

The documents were communicated through a formalized protocol that involved sending them from the CBI, ACB, Bengaluru, to CFSL Hyderabad via a letter on 21.06.2017, delivered through a special messenger in sealed covers. After examination, Sri P. Venugopala Rao returned the documents along with his four-page opinion to the CBI, again using a special messenger system. This highlights the secure and structured methods necessary to maintain integrity and confidentiality in forensic processes .

Sri P. Venugopala Rao's opinion formation involved factors such as stylistic consistency between questioned and specimen signatures, differences in model and design for non-comparable signatures, and the need for original documents when photo-static reproductions were insufficient. Tallying seal impressions also involved comparing questioned and specimen samples to confirm matches or discrepancies, which are critical for validating authorship .

The findings of Sri P. Venugopala Rao have significant implications on the judicial outcome. His ability to match certain questioned signatures with specimen signatures could provide strong forensic evidence to support claims of forgery or authenticity. However, the inability to analyze photo-static reproductions and the inconclusive results on some signatures might leave room for defense arguments challenging the completeness and reliability of the evidence. This dual aspect might influence the verdict, depending on the judge's or jury's assessment of the expert's credibility and the weight of forensic evidence in the context of other case facts .

Sri. S. V. V., representing Accused No. 3, chose not to perform a cross-examination, indicating either satisfaction with the testimony or a strategic decision. Sri K.R., representing Accused No. 1 and 2, did not initially perform cross-examination due to scheduling conflicts. This led to the court deferring the cross-examination on the cost of Rs. 4,000/-, highlighting procedural dynamics and the coordination challenges within court proceedings .

The use of lenses of various magnifications in forensic document analysis allows for the detailed examination of fine features that could indicate originality or forgery, such as stroke order, pen pressure, and microscopic differences in ink application. This method enhances the examiners' ability to conduct 'like-with-like' comparisons by revealing subtleties invisible to the naked eye, thus supporting a thorough and reliable analysis based on objective scientific principles .

Sri P. Venugopala Rao concluded that the author of the blue enclosed signatures marked S1 to S6 also wrote the red enclosed signatures marked Q1 to Q3 and Q5 to Q24. However, for the red enclosed signature marked Q27, he could not express an opinion as it differed in model and design from the blue enclosed signatures marked S7 to S12. For seal impressions, the red enclosed seal impressions marked Q29 matched those marked S13 and S14, but not with S17. Certain signatures and seal impressions were noted as photo-static reproductions, requiring original copies for a definitive comparison .

Sri P. Venugopala Rao conducted an independent examination of the documents using various scientific aids such as lenses of different magnifications. The guiding principle for his examination was the 'like-with-like' comparison, particularly for signatures. This method required comparing questioned signatures with known samples to check for consistency in style and features .

One of the main challenges faced by Sri P. Venugopala Rao was dealing with photo-static reproductions of certain signatures and seal impressions, which did not provide suitable data for comparison. The originals were needed to express a conclusive opinion; however, the document does not specify whether these originals were later provided or examined, highlighting a limitation in the examination process .

Sri P. Venugopala Rao is a retired Assistant Director and Scientist 'C' from CFSL, Hyderabad, with a postgraduate degree in Physics from Sri. Venkateswara University, Tirupati. He has 33 years of experience in document examination, with 21 years specifically as an examiner of documents. His extensive experience, particularly in attending court and departmental inquiries, qualified him as an expert witness capable of providing specialized insights into document authenticity .

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