Legal provisions regarding power of Appellate Court to obtain evidence under section 391 of the Code of Criminal Procedure, 1973.
(1) In dealing with any appeal, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
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ADVERTISEMENTS:
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.
(4) The taking of evidence under Section 391 of the Code shall be subject to the provisions of Chapter XXIII which deals with evidence in inquiries and trials (Sections 272-299), as if it were an inquiry.
Additional evidence at appellate stage allowed:
ADVERTISEMENTS:
Where some documents were sought to be brought on record at the appellate stage. Such documents were only public documents and opposite party could get opportunity to rebut it either at the time of argument or by other legal method. As such, the rejection of application for additional evidence was set aside.
Additional evidence—Application rejected for producing affidavit of four witnesses:
Where the said affidavit had been directly filed by the witnesses in Supreme Court in a matter pending before it. Held that application if allowed would amount to capricious exercise of powers of High Court in favour of prosecution to fill up the lacuna. As such, the application was rejected.
