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IN THE HIGH COURT OF TRIPURA AT AGARTALA
BISWAJIT PALIT
Chief Manager, LICI, Agartala – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
1. This Criminal Revision Petition under Section 397 of Cr.P.C. read with Section 401 of Cr.P.C. is filed challenging the impugned judgment and order dated 13.03.2024 passed in Crl. App. No.20 of 2016 by Learned Sessions Judge, West Tripura, Agartala.
2. Heard Mr. A. Bhattacharjee, Learned Counsel for the petitioner. Also heard Mr. S. Ghosh, Learned Addl. P.P. representing the State and Mr. S. D. Choudhuri, Learned Counsel representing the respondent nos.2 and 3.
3. The petitioner in this petition has submitted that an appeal was preferred by the Senior Manager, LIC, Agartala on 04.03.2016 which was numbered as Crl. App. No.20 of 2016 under Section 372 of Cr.P.C. read with Section 374 of Cr.P.C challenging the judgment dated 23.12.2015 delivered by Learned CJM, West Tripura, Agartala in connection with G.R. No.230 of 2002 acquitting the respondent nos.2 and 3 from the charge framed against them under Section 409 /471/468/411 of IPC.
4. According to the petitioner, during the pendency of appeal on 20.07.2021 in course of hearing of argument, Learned Counsel for the appellant i.e. the petitioner herein submitted that some additional evidence was necessary t
The appellate court has the authority to admit additional evidence but must do so according to procedural law, ensuring fairness and compliance with defined legal requirements.
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 main legal point established is that the Additional Sessions Judge has the authority to call for additional evidence in revisional proceedings, similar to the powers of the Sessions Judge.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The exercise of powers under Section 391 of the Criminal Procedure Code allows the Appellate Court discretion to admit additional evidence to uphold justice.
Orders under Section 311 Cr.P.C. are interlocutory and revisions against such orders are not maintainable, affirming the court's power to allow subsequent applications to ensure justice.
Production of additional evidence – Powers under Section 391 of Cr.P.C. are to be exercised judiciously and not for mere asking.
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