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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MEHROZ K.PATHAN
Ramdas S/o. Madhavrao Korde – Appellant
Versus
Shrikant S/o. Sudhakar Dahale – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of appellate orders allowing documents. (Para 1 , 2) |
| 2. petitioner argues no prayer for additional evidence under section 391 crpc. (Para 3 , 4) |
| 3. respondent defends documents substantiate cheque security and misuse. (Para 5) |
| 4. appellate court applied mind, found documents necessary for appeal. (Para 6 , 7) |
| 5. section 391 crpc empowers appellate court for additional evidence. (Para 8 , 9 , 10) |
| 6. inherent powers under 391 exercisable without specific application prayer. (Para 11 , 12) |
| 7. convicted appellant entitled to necessary additional evidence; no prejudice. (Para 13 , 14) |
| 8. direction to expedite pending appeal adjudication. (Para 15) |
JUDGMENT :
MEHROZ K. PATHAN, J.
1. The petitioner has filed the filed the present petition for quashing and setting aside the orders dated 20.12.2023 and 19.3.2024, passed below Exhibits 38 and 41, respectively, in Criminal Appeal No. 39 of 2018 passed by the learned Additional Sessions Judge, Ahmednagar with a further direction to reject the application below Exhibits 38 and 41.
2. This Court has granted stay to the proceedings vide order dated 24.6.2024 and since then the appeal before the learned Sessions Jud
Appellate courts can invoke inherent powers under Section 391 Cr.P.C. to permit certified documents as additional evidence in appeals, even without specific prayer, if necessary for just decision, pr....
Point of law : Article 22(1) of the Constitution of India confers a Fundamental Right upon an accused, who has been arrested by the police to be defended by a legal practitioner of his choice.
The power to receive additional evidence under Section 391 of the Cr.P.C. should be exercised sparingly and only in exceptional cases where it is necessary for rendering substantial justice.
Point of Law : Application for taking additional evidence on record at an appellate stage, even if filed during the pendency of the appeal, is to be heard at the time of final hearing of the appeal a....
The central legal point established in the judgment is that the power to record additional evidence under Section 391 CrPC should be exercised with caution and circumspection, and the party seeking t....
The court emphasized that additional evidence under Section 391 of the Cr.P.C. must not prejudice the accused and should only be admitted if necessary to prevent a failure of justice.
The appellate court's discretion under Section 391 Cr.P.C. to admit additional evidence must be exercised cautiously and cannot be used to fill gaps in existing evidence.
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