Jodhpur: The Rajasthan High Court has rejected the “pigeon-hole” or “window” method of cross-examination, holding that a witness cannot be confronted only with isolated signatures while the rest of a document is concealed, except in narrowly defined circumstances. The court made the observation while dismissing a writ petition in a long-running family property dispute.Petitioner Rajesh Kumar sought declaration, partition and injunction, claiming a hotel property in Pali district formed part of a joint Hindu family estate inherited from late Hiralal. He said that despite an alleged family settlement dated June 23, 1988, the defendants attempted to deal with the property by ignoring his share.The defendants disputed the claim, calling the settlement document forged and denying the property was joint family property. After the plaintiff’s evidence closed, the petitioner moved to confront a defence witness on signatures on certain documents, seeking permission to show only the signature portions while concealing the remaining text. The technique, described as the pigeon-hole theory, was aimed at testing the witness’s veracity.Defendants’ advocate Rajesh Parihar said the trial court rejected the application, holding that the entire document must be shown when confronting a witness and that selectively displaying signatures while hiding contents was not permissible. A subsequent application seeking similar relief was also dismissed, with the trial court saying it amounted to a review of the earlier order.Rajesh Kumar challenged the orders in the HC, arguing that denial of the pigeon-hole method violated his right to effective cross-examination and citing earlier judgments permitting the technique.Justice Sanjeet Purohit termed the method deceptive, holding that the Evidence Act does not expressly recognise it and that courts have consistently cautioned against its use. Upholding the trial court’s order, the HC said the pigeon-hole method may be permissible only where a witness deposes in the nature of a handwriting expert.
