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Mar 30, 2009

Evidence-Sec 73 Vipin Kumar Vs. State 139(2007)DLT470 in Sukhvinder Singh and Ors. v. State of Punjab MANU/SC/0783/1994. No doubt the Supreme Court, in the facts of that case, has in no uncertain terms held that Section 73 of Code of Criminal Procedure cannot be used during investigation. However, the case in hand is quite different. The specimen handwriting of the accused was not taken pursuant to directions under Section 73 of Code of Criminal Procedure and thereforee, the judgment is of no avail. However, this point stands settled by an eleven (11) Judge Bench of the Supreme Court in State of Bombay v. Kathi Kalu Oghad 1961 (2) Crl. L. J. 856, which neither makes the taking of handwriting of an accused illegal nor is it hit by Article 20(3) of the Constitution of India.

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