Case against runaway couple: Court allows accused to get signatures compared

One of the two accused had now filed a petition in the High Court seeking comparison of the signatures in affidavit of the 2018 petition with their signatures in then power of attorney. The contention made by the accused is that they had never signed the affidavit in which the factum regarding his subsisting marriage was concealed. It had been written the man is unmarried. The request for comparing the signatures had earlier been turned down by Chandigarh CJM Court.

“The accused is equally entitled to adduce his evidence in support of his defence, which is a valuable right. In case such right to lead his defence is denied to the accused, it would lead to denial of fair trial,” said a single bench of the High Court, while allowing the accused to get the affidavit in question compared by a hand writing expert in accordance with law.

However, the court also added that the same will not given an extra mileage to the accused and the trial court will be within its powers to decide the case on the basis of other evidences available on record. The accused man continues to remain in custody since August 2018. The woman, who had come with him to court for protection in 2018 and then claimed to have married him against wishes of her parents, is on bail.

The counsel representing the High Court – which is the complainant in the case, and the Chandigarh Police had argued that the purpose of the prayer seeking comparison of the signatures is an attempt to delay the proceedings, adding that the accused have not denied filing of the 2018 petition. It was also contended that if the accused is aggrieved with the conduct of their then counsel, he can avail the disciplinary remedies. The court was also told the affidavit was never disowned by the accused before the enquiry officer of High Court.