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VIPUL M. PANCHOLI, SANDEEP N. BHATT
Sanjivkumar Rajendrabhai Bhatt – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. Rule. Learned APP, Mr. H.K. Patel, waives service of rule for the Respondent-State and learned Advocate, Mr. P.Y. Divyeshwar, waives for the original complainant.
2. This is an application filed under Section 391 of the Code of Criminal Procedure, 1973 (in brief, ‘the Code’), whereby, the applicant, i.e. the original appellant in Criminal Appeal No. 1492 of 2019, has prayed that the applicant be permitted to adduce additional evidence by examining an expert, namely Dr. M. Narayana Reddy, Hyderabad, as a witness in his defence, which was not permitted, though, prayed for before the learned Sessions Judge, Jamnagar (in brief, the ‘trial Court’), vide application Exhibit-994 in Sessions Case No. 148 of 2016, Dated: 11.06.2019.
3. Heard, learned Advocate, Mr. Saurin Shah, appearing for the applicant, learned PP, Mr. Mitesh Amin, appearing with learned APP, Mr. H.K. Patel, for the Respondent-State and learned Sr. Advocate, Mr. J.M. Panchal, appearing with learned Advocate, Mr. P.Y. Divyeshwar, appearing for the original complainant.
4. Learned Advocate, Mr. Shah, appearing for the applicant submitted that the applicant has preferred Criminal Appeal No. 149
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
The admission of the genuineness of prosecution documents by the defense counsel without summoning the authors of those documents to establish their authenticity is a serious lapse and causes prejudi....
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....
Point of Law : Section 311 CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by procedure sanctioned by law. At the same time, the discretion....
The court upheld the rejection of the application for additional evidence, affirming that the accused was not denied a fair trial and had opportunities to present his defense.
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