You are on page 1of 1

Expert witness may give opinion evidence but the court is free to draw its own conclusions 1.

It is well
settled that opinion of an expert cannot be more reliable than the statement of a witness of fact and
a finding cannot be based on sole testimony of an expert opinion 2. The conclusion based on mere
comparison of handwriting would require independent corroboration 3. It is unsafe to base a
conviction wholly on expert opinion without substantial corroboration 4. The court is not bound to
follow blindly the opinion of the experts 5. Experts give evidence and do not decide the issue 6. Expert
evidence unsupported by any reason may be ignored in the circumstances of the case 7. When calling
expert evidence, the prosecution must first establish the expertise of the witness 8. It is the judge
who is to decide the question of competency or fitness 9

1
Kulasingam v. Thambipillai, (1997) 1 Malayan LJ 288
2
Sri Kishore Chandra Singh Deo v. Babu Ganesh Prasad Bhagat, AIR 1954 (SC) 316
3
Sri Kishore Chandra Singh Deo v. Babu Ganesh Prasad Bhagat, AIR 1954 (SC) 316
4
Mohd Isa Khan v. State of U.P., 1992 Cri LJ 3987, 3993; Ram Chandra v. State of U.P.., A 1957 SC 381; Megan
Bihari Lal case, A 1977 SC 1091
5
Law Society of India v. Fertilizer and Chemicals Travancore Ltd., A 1994 Ker 308, 367
6
Metropolitan Properties Co. Ltd. v. London, (1968) 1 All ER 354: R. v. Lanfear, (1968) 1 All ER 683; R. v. Smith,
(1974) 1 All ER 376
7
Haji Mohammad Ekramul v. S, A 1959 SC 488
8
Public Prosecutor v. Lin Lian Chen, (1991) 1 Malayan LJ 316
9
Bristow v. Secqueville, 19 LJ Ex 289; R v. Silverlock, 1884, 2 QB 766; Sheo Tahal v. Arjun, 56 IC 879; Balkrishna
Das Agarwal v. Smt. Radha Devi, A 1989 All 133, 141; Ram Abhar Singh v. Prassidh Narayan Dubey, 2004(1) All
Rent Cases 311

You might also like