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Questioned Doc Report

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0% found this document useful (0 votes)
515 views10 pages

Questioned Doc Report

Uploaded by

Jaya Shrestha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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HALLMARKS OF A GOOD REPORT

1) It is concise, precise yet comprehensive and convincing.


2) It is simple intelligible language. No jargons! No unexplained Technical terms.
No formulae.
3) Cogent reasons and preponderance of supporting data are the basis for its
conclusions.
4) It explains the contradiction/ non-supporting evidence (data).
5) Quality photographs, speaking for themselves, support the report.
6) Conclusions of the record permit only one interpretation.
7) It is self-explanatory, self –explanatory, self-testifying.

1. GENERAL
The Handwritings Forensic expert’s report is a valued document. Often the lives and liberties of
the concerned accused or the litigant and his financial stakes depend upon the correctness of the
report. It is a decider document I many a civil and criminal case. It is based upon correct
appreciation and interpretation of the evidence, cogent reasons, well-demonstrated data, with
photographs and illustrations. It is in simple and intelligible language. It is convincing and leads
to one and only one interpretation. No alternative inference should be possible from the data
extracted and generated from the given documents.
A Handwritings Forensic expert’s report may link or delink an accused person with the case
under investigation or trial. He may be a VVIP, with scams< in which he has looted the country
and the common man, of lakhs of crores of rupees. Think of lakh of crores of rupees in secret
accounts of the big wigs of the country, lying in banks abroad!
The year 2010 had been a scam galore year. Adarsh Building’s scandal in Mumbai, iron ore
mines loot in Andhra and Karnataka, sheer thievery in Commonwealth Games, open dacoit in 2
G DOT scam are all mind boggling acts of forgeries and frauds of the year. All involve
documents: bundles of the bungled documents in each! The courts while deciding these cases
certainly need handwriting forensics reports, if the documents are not secreted, stolen or
destroyed by all powerful political mafias which include the highest in the country.
It can never be over-stressed that the forensic Handwriting experts’ reports have to be precise,
Concise yet comprehensive, easily intelligible, well illustrated and convincing. They must come
from the horse’s mouth and not from the charlatans with loud mouths.
2. REPORT FORMAT
Handwriting Forensics experts, all over the world, write reports in a format, which is structured
according to their whims. However, it must contain the essentials. An adequately functional
format, which the author users for his reports, contains of the following elements:
1. Expert’s antecedents
2. Referrals
3. Documents
4. Purpose
5. Examination
6. Evaluation and comparison
7. Conclusions
2.1 ANTECEDENTS
This first question, which comes up before the court on submission of an expert’s report, is,
“Who is the expert who has furnished the report?” It would like to know the antecedents and his
professional standing and competence; to determine his bona fides. Therefore, an expert usually
gives a bird’s eye of view of his standings as expert on the very first page of his report. It
includes his academic qualifications, training, experience (in casework) and research, etc. Some
experts mention their qualifying data in the letterhead itself. Others submit a brochure about their
bio-data along with the report. Those who use computers, have the data recorded and stored in
the computer and print it along with the report, often as the starting page (*s).The author follows
the last system.

Referrals
The ‘referrals’ contain the general information about the case.
1. Laboratory case number.
2. Case reference: FIR No. Title of the case, citation, etc
3. Referral authority: Client department, organization, court or individual.
4. Mode of receipt: It indicates how the expert got the documents. The client usually brings
the documents himself. Sometimes a special messenger or a courier brings them.
Government departments also use speed post or other post. Electronic transfer of
facsimile (electronic images) of documents is also being used increasingly; especially for
preliminary examination of documents to decide if, formal expert evidence has to be
produced or not. The mode of receipt is recorded. The name and identity is recorded.
Sometimes the expert has to examine the documents in court. He must examine the
originals carefully; obtain photocopies of all the documents pertaining to handwriting
evaluation and take photographs of the evidence bearing disputed segments of the
documents for detailed evaluation in the laboratory, after placing identification data chit
along the segment for later identification.
5. The name of the court in which is hearing case is recorded.
6. The name of the advocate, who is handling the case for his client, is recorded.
7. Various dates: date of receipt of documents, dates on which examination started and
completed, the date on which the report is given, the date on which the documents are
returned and the date on which the case is coming up for expert’s oral evidence in the
court are recorded.
Documents
The documents received are described in detail. The kind of document (a sale deed, an
agreement, a will, an account register, etc.), its date of writing, the conditions of the
document are noted. Photocopies of the original documents, if not received, are prepared
immediately, before starting their examination. The size of the document and the disputed
entries therein are mentioned.
The expert describes the documents in the report under three heads:
1. Disputed documents. They are also called questioned, suspect or challenged documents.
They are marked as Q Q Q ……….Qa if they do not dare any exhibit marks.
2. Admitted Documents. They are the documents, which the suspect has written in the
normal course of work. They have no prior reference or connection with the case in hand.
They are marked A A A……Aa if they are not already marked.
3. Specimens. They are the documents, which the suspects write on request. The suspect is
not bound to give specimens on request. Legally he can refuse to give specimens writings
and quite a few suspects refuse. The specimens are also called request specimens. They
are marked as S1, S2, S3………Sn.
The admitted and the specimen documents are conjointly called standards, exemplars or
known documents.

Purpose
The expert mentions the purpose of the examination as specified by the client. It must be
unambiguous. The purpose of evaluation of documents is mostly to find out whether the
suspect (Mr. X) wrote the suspect writings or signatures or not. In some cases, there may be
more than one writing (or signatures) and more than one suspect. The client specifies the
exact requirement in consultation with his lawyer. It is mentioned in the report under the
heading ‘purpose’.
Tools and Techniques
The expert briefly describes the tools and techniques used in the examination. A bare mention
of the tools and techniques informs his modus operandi and creates confidence in the minds
of the concerned persons.

3. Preliminary check
The expert carries out preliminary general check of all involved documents with a magnifier, a
stereomicroscope and UV lamp to ascertain their conditions and integrity. He also examines the
documents for abnormality or eccentricity. The expert mentions the findings of general check of
the original documents in the report. It indicated whether the disputed document is tampered
with or not. Dimension, tears and patching, erasures, alterations and chemical treatment are often
revealed in the preliminary examination itself. They help the expert and his client to decide the
course of action to be taken Vis- a Vis the documents.
In a crude forgery of a Will the forgers procured genuine signature of the alleged testator from a
document. They tore the piece bearing the signature, types the text of the Will on a paper and
tapes the signature- bearing piece to this paper. Unfortunately for the forger, the edges did not
give a jig-saw fit. Besides they created the Will document with the signature on a paper whose
dimensions did not correspond with any standard paper dimensions or dimensions of the other
papers used to prepare the Will. In addition, they tried to improve the genuine faded signatures.
The total evidence proved the fake nature of the document.
a) Signs of Genuineness: The expert, in his report, reports if the disputed document has the
usual major signs of genuineness, like:
i) Genuine writing (or signature) has goof line quality: smooth lines with
graduated pen pressure and fine start and end strokes.
ii) Genuine writing ( or signature) is written with speed, without hesitation
marks, pen pause, kinks, bends etc.
iii) Genuine writing( or signature are written with abandon, indicated by
missed writing units, conspicuous correction, smooth lines and curves ,
starting and end strokes written with flourish etc.
iv) Genuine signatures or writings of a normal person are free from tremors.
Tremors of forgery are different from natural tremors found in the
handwritings of infirm persons.
v) Genuine writings have a fine start and ends.
vi) Genuine writings possess rhythm
vii) Genuine writings are consistent.
viii) They have natural variations.
b) Signs of Forgery: If the disputed signatures or writings are forged, they contain signs of
forgery as certainly as the signs of genuineness in genuine writings. The expert checks
and points out the main ones in his report. For example in simulated forgery he may find
and mention some of the following;
i) Drawing like appearance of the signatures or other writings,
ii) Unseen writing line; presence of kinks, bends, hiatus, and pen pauses in
the writing line,
iii) Clumsy but somehow similar pictorial effect,
iv) Careful corrections.
v) Careful patching,
vi) Absence of rhythm,
vii) Inconsistency in various formations,
viii) Letter proportions vary in the same letters at different places,
ix) No flourishes in the starting or ending strokes,
x) Presence of hesitation marks in the writings, especially in complex
formations.
c) Signs of Disguise: The expert having explored the writings or signatures for evidence of
forgery and genuineness, checks the disputed writings for signs of disguise. The major
features of disguise, which he explores and records are:
i) Old appearance ,
ii) Inconsistent slope,
iii) Excessive simplification,
iv) Drastic variations in pictorial effect, letter sizes,
v) Inconsistent letter forms,
vi) Excessive use of capitals or complete absence of capitals,
vii) All writings in block/ lower case letters,
viii) Excessive use of abbreviations,
ix) Increased illegibility,
x) Absence of natural speed, abandon and rhythm,
xi) Frequent reversions to disguise’s own normal writing,
xii) Tremendous inter space variations.

4. Report
There are usually two types of report, content-wise; Brief Report and Detailed Reports.
Government experts give brief reports as a routine. These reports contain the information about
the case, the examinations requirements, the exhibits examined and a summary of the findings
with a sprinkling of the reasoning sometimes. They give more details on oral evidence in the
court.
The government experts give perfunctory reports presumably for two reasons;
Firstly, it saves labour for preparing detailed reports in those cases, which do not come up for
adjudication.
Secondly, they prevent the opposing party to prepare an effective cross examination, as the party
does not get the data on which the report is based.
The second objective is not often fulfilled. The opposing party asks for time to study the
statement and report, which is usually granted.
Private experts usually prepare and furnish detailed reports. They bring out the total evidence,
utilized in the evaluation and comparison. Before finalizing the report, they hone the evidences
with colleagues, if available.
A comprehensive report provides a clear picture of the findings to the client, his counsel and to
the court so that the court may decide the necessity of expert evidence in the case, in advance.
Further, a copy of the report is given to the opposing party for their perusal and action it may
deem fit. A complete detailed report, prepared at the time of initial examination, would avoid
additional work at the time of oral presentation of the evidence.
The conclusion in a report is the real index of the report. Its language is usually set, according to
the whim of the reporting expert. However, the conclusion has to be precise, concise
comprehensive and convincing. It is the most read part of the report. It must lead to one
interpretation.
The evaluation of documents is a difficult task. It is time consuming. It needs a lot of intense
concentration. However, the task of presentation of the evidence in the form of a report to the
non- specialist is still more difficult. The report must speak for itself and should be intelligence.
It must contain cogent reasons both for and against the thesis.
The expert after the preliminary check takes up in- depth examination and comparison
systematically and records the supporting and non- supporting evidence in his file. He repeats the
process of examination twice after intervals of at least two day( preferably more).
He finally writes his report (identification or non- identification) based on the preponderance of
the evidence for or against the identification. He gives cogent reasons ad illustrated the report
with photographs and other illustrations. He ensured that the report is intelligible and convincing.
If the data is insufficient to come to definite decision, he does not give any report with the terse
remark:

“It has not been possible to come to a definite decision/ conclusion on the basis of the
documents made available”
Formerly, the photographic illustrations were pasted on charts, attached to the report. Some
experts of the olden days continue to do so, now computer technology, has changed the whole
scenario completely. The illustrations are incorporated in the text at relevant points. The judges
and he counsels can thus, scrutinise, evaluate and appreciated the textual reasons with the help of
illustration printed close by.
The expert adopts the following steps to write an effective report:

1. Expert does his homework well – He collects all the relevant evidence. He arranges the
various collected pieces of evidence in the specific order. The arrangement usually
corresponds to the one he ultimately uses to present the evidence in the court. For
example, a case involves disputed initials, signatures\, handwritten text, typescript, seals
and stamps. He may discuss the evidence and the findings there of in the following order;
a) Seals
b) Typescript
c) Written text
d) Signatures
e) Initials

2) Illustrated his report: The expert illustrated his reports through numerous photographs,
usually the important types of photographs he exhibits in his reports are:
a) Photocopies: The expert usually attaches photocopies of two types of documents with
the report. Firstly, of those documents which have become disputed because of the
unauthorized alterrations. For example, there may be sufficiently large text added to the
original tetx. The addition, insome cases, can be best appreciated when the whole
document, enlarged, reduced or of the same size, is viewed as a single whole. In such
cases a photograph works wonders. Secondly, the expert may quote some authorirties in
the report. The expert attaches photocopies of the whole section(or chapter) with the
report so that authentic and relevant text is available for check if the court so desires.
b) Revealing Photographs: Revealing photographs are those, which brings out the
hidden evidence and show the same vividly. They often taken to reveal faded scored,
erased or obliterared writings. These photographs form essential part of the report
because; firstly, they reveal the text; secondly, the expert uses them for evaluation of the
ahndwriting; thirdly, they are the evidence of alteration.
c) Illustrative photographs: Illustrative photographs are lifeline of a handwriting
forensic report. They depict the latent/ obscure/ inconspicuous evidence and thus help the
non- specialist to understand the report. The nature of illustrative photographs depends
upon the demonstration mode and, to a certain extent, on the evidence being
demonstrated. The digital cameras and computer have brought tremendous changes in
the effectiveness of the illustration. The modern expert exploits them to the hilt.

SAMPLE; REPORT
ALLIED PROBLEMS IN DOCUMENT EXAMINATION:

The examination of questioned documents may be hampered or limited by the following factors:
Non-original evidence (such as photocopies or faxes) submitted for examination: Every time a
document is subjected to a copying process, a small amount of information is lost. Original
documents may bear defects, flaws or characteristics that are not reproduced in a copy.
Multigenerational copies (i.e. copies of copies) may be of insufficient quality for examination
and comparison. It may even result in the examiner being unable to render a conclusion.
Insufficient quantity of questioned material: If there is not enough material for an adequate
examination, the examiner will mostly likely be unable to render a definitive conclusion.
Insufficient quality: If the quality of either the questioned document or the known samples is not
sufficient for proper examination, the examiner will likely be unable to render a definite
conclusion. Examples include documents that have been burned to ashes or cross-cut shredded,
documents that are multi-generation copies or faxes, or documents containing writing that is too
distorted or disguised.
Insufficient known specimens submitted for comparison: This refers to situations where there is
not enough known writing, or the samples are inadequate, poor quality or machine-printed and
not suitable for comparison.
Lack of comparability between the questioned documents and the known samples: The
examiner must be able to compare “apples to apples” as the saying goes. For instance, the
specimen material must be of the same type of writing can only be compared to cursive writing.
An examiner cannot determine the counterfeiting process by looking only a photocopy of the
suspected counterfeit. Likewise, the examiner cannot determine if an identification card us
fraudulent unless a known standard is also submitted for comparison.
Lack of contemporaneous writings submitted for comparison: It is important to obtain known
writing that is prepared around the same time frame as the questioned writing.
Distorted or disguised writing: the writing on the questioned document or the known sample
may be too distorted or disguised. For example, graffiti on a wall may be considered distorted
and cannot be compared to a suspect’s normal handwriting.

Evidentiary Value of Handwriting Expert Report in India


An expert really means a person who by reason of his training or qualified to express an opinion
whereas an ordinary witness is not competent to do so. His evidence is only opinion evidence
which is based on his special skill or experience. In view of the language of section 45 of
evidence Act it is necessary that before a person can be characterized as an expert, there must be
some material on the record to show that he is one who is skilled in that particular science and is
possessed of peculiar knowledge concerning the same. He must have made special study of the
subject or acquired special experience therein. Thus before the testimony of a witness becomes
admissible, his competency as an expert must be shown may be by showing that he was
possessed of necessary qualification or that he has acquired special skill therein by experience.
Apart from the question that the report of a handwriting expert may be read in evidence, what is
necessary is that the expert should be subjected to cross- examination because an expert like any
other witnesses is fallible and the value of his evidence consists in the rightful inferences which
he draws from what is merely summarises. The expert’s evidence is only a piece of evidence of
this nature is ordinarily not conclusive. Such evidences, therefore, cannot be taken as substantive
piece of evidence but is there in corroborative the other evidence.

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