Criminal Procedure Code, 1973
Section 391—Permission to adduce additional evidence—Appeal—Case registered under various provisions of IPC, Juvenile Justice Act and POCSO Act—Power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, must be exercised for good and valid reasons necessitating the acceptance of the prayer—Test to allow additional evidence is not satisfied—Attempt is to re-open the entire case and seek re-examination of these witnesses at the appellate stage—Impugned judgment is unsustainable and mistaken in both facts and law—Reasoning is based upon mere conjectures, and that too without appreciating scope and object of Section 391 of CrPC—Impugned judgment is set aside—Appeal allowed.
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