2018 PLR Important Judgements e@Journal  80 (All.)

21 December, 2018

Full text below:

Criminal Procedure Code 

Section 391. Appellate Court may take further evidence or direct it to be taken.

(1) In dealing with any appeal under this Chapter, 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.

(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 this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry."

 

Cr.P.C. Section 391 - Permission to file additional evidence in criminal appeal – Summarized. (i) That the primary object of Section 391 Cr.P.C is to prevent the failure of justice that may outcome by some careless or ignorant action on part of the prosecution before the court or for vindication of an innocent person wrongfully accused, where the court omitted to record the evidence essential to elucidation of truth. (ii) To prevent the Happening of a de novo trial, which may be prejudicial to the accused or prosecution, depending upon the facts and circumstances of each case. (iii) The power has to be exercised with great care, caution and circumspection to meet the ends of justice.  (iv) The power not to be used for filling up the lacuna in the prosecution evidence, but to serve the ends of justice or to prevent the failure of justice, Only in exceptional and suitable cases, where the Court is satisfied that directing additional evidence would serve the ends of justice.  (v) If the Appellate Court finds that certain evidence is necessary in order to give a correct and proper finding, it would be justified in exercising this power - The ends of justice have to address as much the interests of the accused as that of the public prosecutor.Held, No doubt the role of a Criminal Court is to search the truth and Criminal Courts, in this regard, has been empowered by many sections provided in the Code of Criminal Procedure but all these powers, including the power given under Section 391 of Cr.P.C., should be used to serve the ends of justice, in exceptional and suitable cases, where the Court is satisfied that taking additional evidence would serve the ends of justice. It is in the sole discretion of the Appellate Court, when it finds certain evidence necessary, in order to give a correct and proper finding it would be justified in exercising the power conferred by Section 391 of the Cr.P.C. No need to highlight that this power should not be used for the detriment of any party, including the prosecution or accused. 2018 PLR Important Judgements e@Journal  80 (All.)

 

 

 

Cr.P.C. Section 391 –Statement of L recorded in another criminal case is proposed to be lead  as an additional evidence in appeal -  Statement has been recorded in a different criminal case pertaining to the Gangster Act and therefore does not appears necessary for the just disposal of this case -  It has to be kept in mind that this is not a case where the evidence of L has not been recorded before the Court below, rather it is a case where his evidence had been re-corded and he had been cross-examined at length by the Appellants and after taking into ac-count his evidence as well as other evidence available on record, appellants have been convicted by the trial court - Therefore any statement given by this witness after a lapse of 8 years, in some other criminal case, which has no concern with the occurrence that took place in the instant case, may be neither relevant nor material for the just disposal of this appeal.  2018 PLR Important Judgements e@Journal  80 (All.)

 

PLR Supreme Court e@journal

 Annual subscription Rs. 1000/-

5 UPDATES A WEEK  / Full text with Headnotes through

email / WhatsApp

 

FREE with

PUNJAB LAW REPORTER

 Annual subscription Rs. 2800/- (2019)

punjablawreporter@gmail.com / 9463598502