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NIRZAR S. DESAI
Tehmul Burjor Sethna – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Nirzar S. Desai, J.
1. By way of the present petition, the petitioner has challenged the order dated 14.08.2024 passed by learned Additional Sessions Judge, Court No.4, City Civil & Sessions Court, Ahmedabad below application Exh.13 in Criminal Appeal No.564 of 2023 by which the learned Sessions Judge has rejected the application Exhibit 13 filed by the petitioner under Section 391 of the Code of Criminal Procedure,1973 corresponding to Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for recording further evidence and/or direct it to be taken by the trial Court.
2. The facts leading to filing of the present petition can be summarized as under :-
2.1 The petitioner came to be arraigned as an accused in an offence registered vide CR. No. I - 187 of 2017 for the offences punishable under Sections 406, 418, 420, 465, 467, 468 and 471 of the Indian Penal Code with Navrangpura Police Station, District – Ahmedabad, inter alia alleging that the complainant, her sister Parul P. Modi and her father Pannalal K. Modi had got registered one Trust on 01.08.2000 bearing Sr. No.E/13116 in the office of the Charity Commissioner, Ahmedabad and the Trust was allotted on lea
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.
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 : 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 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 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.
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....
(1) Status attained by a person upon being granted pardon, is conditional and the moment such condition is breached, as certified by Prosecutor, protection provided to such person will be taken away ....
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
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