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2014 Supreme(Raj) 1209

PRASHANT KUMAR AGARWAL
Hanuman – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellants:Pankaj Gupta, Advocate.
For the State: Jitendra Shrimali, Public Prosecutor.
For the Complainant:Anil Upman, Advocate.

JUDGMENT

1. - The matter came-up for orders on application No.12007 dated 19.11.2013 filed by the accused-appellants under Section 391 Cr.P.C. for taking the original letters allegedly written by the prosecutrix to accused-appellant-Shri Hanuman and Video C.D. containing her recorded statement as additional evidence. Alongwith the application both the letters as well as Video CD have been filed.The question posed for decision of this Court in this application may be stated as below:-

"Whether a statement made by a witness and evidence coming into existence subsequent to the judgment of the trial Court can be permitted to be produced as additional evidence under Section 391 Cr.P.C."
The facts and circumstances of the case in brief in which the aforesaid application has been filed and the question has been raised for decision of this Court are that accused-appellants were tried for the offences under Sections 366, 342, 376 (2) (g) and 323 IPC by the Additional Sessions Judge (Fast Track No.1), Jaipur District (Jaipur) in Sessions 2 Case No.52/2010 and each of them was convicted for the aforesaid offences and sentenced for the maximum sentence of rigorous imprisonment for ten years for




















































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