Description
Forgery-modes of proving forgery- Section 47, 49 and 79 of the Evidence Act-Conviction of uncorroborated evidence of the co-accused- modes of proving handwritings and signature- When the forged document is in the hands of accused all time- the first appellate court has a duty re-evaluate the evidence on records
- When it comes to evaluating the weight of any evidence properly on record, an appellate Court is in just as good position as the trial court.
- Admissibility of evidence cannot be challenged at the Appellate stage as it was not raised at the Trial.
- It is settled law that although the law does not say that conviction on uncorroborated accomplice’s evidence is illegal, it is still unsafe as a matter of practice to uphold a conviction on the uncorroborated evidence of the co-accused.
- If it is proved that a forged document was at all times in the hands of the accused and not having passed through the hands of another person or persons, in a proper case, it would suffice to arrive at the inference that the accused forged the document even without proof of handwriting.
- The modes of proving forgery are spelt out under sections 47, 49, and 79 of the Evidence Act [Cap 6 R.E. 2000].
- Generally, handwriting or signatures may be proved on admission by the writer or by the evidence of a witness or witnesses in whose presence the document was written or signed.
- To prove the charge of forgery beyond any shadow of doubt the prosecution has a duty to prove that the document was authored by the accused, it was a false document and the accused forged it with intent to deceive or defraud.
- A first appeal is in the form of rehearing. In this regard the first appellate court has a duty to re-evaluate the entire evidence on record by reading it and subjecting it to a critical scrutiny and if need be arrive at its own decision.
