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M. YOUNIS HABIB versus STATE


Arts 59, 61, 78, 79, 81 and 84 of the Criminal Code (XLV of 1860), evidence of the signature of the accused related to the handwriting expert in the criminal violation of section 409, such signature special court (crimes in banks ) In other ways. The accused was acquitted on the basis that his initial handwriting on the voucher was not sent to the specialist. The samples of the accused were neither signed nor sent to a handwriting expert, therefore, it was stated that his involvement in the initial interview of the accused was not justified, Judge Special Court (Crimes in Banks). Clearly his opinion was that the handwriting was only by a specialist to prove the signature of any person, but under Arts 59, 61, 78, 79, 81 and 84, Conan Shahadat, 1984, There were other ways to prove signatures or writing that were calculated. Where the trial court failed to consider such clauses of the law and did not define the evidence in accordance with the law and the law prescribed on the subject, the High Court, in exercising its amending powers, directed that the defendant be acquitted. Notice should be issued to Explain the reason why wrong decision should not be set aside in this regard and its case should be remanded to the trial court for judgment as per law.

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