Sahil Sharma v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29733-2024 (O&M) Date of Decision:-15.7.2024 Sahil Sharma ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Arshdeep Singh Brar, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner assails order dated 21.5.2024 passed by Judge, Special Court, Moga, whereby his application seeking production of Register No.19, Roznamcha and Register No.5A for seeking opinion of handwriting expert as regards tampering in the same has been declined. 2.

During the course of arguments, learned counsel for the petitioner submitted that tampering with in Register No.19 is very apparent inasmuch the police officials have affixed cello tape and have thereafter pulled it off so that the ink impression (writing) is ripped off to enable overwriting on the same. Learned counsel, however, did not express any objection for disposal of the petition in case a specific direction is issued to the Trial Court to examine the said aspect of tampering at the time of final arguments. Pankaj Kakkar 2024.07.15 15:47 I attest to the accuracy and authenticity of this document

CRM-M-29733-2024 (O&M) ( 2 ) 3.

In view of the aforesaid submission, the instant petition is disposed of with a direction to the Trial Court concerned to specifically examine the documents prepared by the police during the course of investigation particularly 'Register No.19' to ensure itself that there has been no tampering with in such documents.

4.

In case, any such specific tampering is evident, needless to mention the Trial Court shall take such tampering into account while evaluating the evidence. 5.

It is, however, clarified that minor cutting, which is very clear and with the same pen and ink, however, may be ignored if such cutting appears to be genuine or in order to correct an inadvertent mistake, which may have been corrected at the spot itself.

15.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.07.15 15:47 I attest to the accuracy and authenticity of this document