Lawstreet Journal

Power to Take Additional Evidence- " CrPc S. 391 Akin to Order XLI Rule 26 CPC; Appellate Court Should Use Power Sparingly ": Allahabad High Court [READ ORDER]

Lawstreet Journal 31 Aug 2021 7:51pm

Image courtesy: Lawstreet Journal Judiciary Power to Take Additional Evidence- " CrPc S. 391 Akin to Order XLI Rule 26 CPC; Appellate Court Should Use Power Sparingly ": Allahabad High Court [READ ORDER]

The Allahabad High Court recently held that powers under Section 391 of the Code of Criminal Procedure are analogous to those under Order XLI Rule 27 of the Code of Civil Procedure, and that such powers to take additional evidence by the appellate court must be exercised sparingly.

The Bench of Justice Dr. Yogendra Kumar Srivastava emphasised that the power exercised was discretionary and could not be used to fill gaps and lacunae in the evidence.

The case before the court

The Court was hearing the instant application under Section 482 of the CrPC to vacate the order of the Additional District and Sessions Judge, Hathras, who had rejected the applicant's application filed before the Court under Section 391 of the CrPC for summoning certain persons as witnesses.

Facts in brief

Following a criminal trial, the applicant was convicted and sentenced by the Additional Civil Judge (Junior Division)/JM, Hathras under sections 419 and 420 of the Indian Penal Code.

Dissatisfied with the aforementioned order, the applicant filed an appeal, and the appellate court granted an application under 391 CrPC for summoning certain witnesses and recording additional evidence during the pendency of the appeal.

Rejecting the 391 CrPC application, the appellate court noted that the appeal had been filed after a lapse of more than five years, that the appeal was not being argued, and that the application seeking summoning of witnesses had been filed solely to delay the proceedings.

It was also noted that the applicant had made no application for… Continue Reading...


Tagged: Allahabad High Court  
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