Evidence Act, 1872–Sec. 45A–[Corresponding Sec. 39 of BSA, 2023]–Penal Code, 1860–Secs. 468, 471/109 & 120-B–Conviction–Sustainability–Case of forged marksheet–Case of prosecution against the appellant that the postal cover in which the forged marksheet was purportedly transmitted, bare the handwriting of the appellant–Postal Cover was not exhibited in evidence–Since, the prosecution failed to lead the primary evidence in form of the original postal cover, the Trial Court could not have concluded that the prosecution had succeeded in proving that the handwriting on this document was of the appellant–Further, the handwriting expert did not identify the postal cover, which was the subject matter of examination, as being the same which allegedly bare the handwriting of the accused-appellant–Appellant is entitled to a clean acquittal.
