Published on: 18 September 2023 at 17:03 IST
Court: Supreme Court of India
Citation: Rambhau V. State of Maharashtra (2001)
Honourable Supreme Court of India has held that Appellate Courts have powers to allow additional Evidence and Witness to be examined which a person was not able to produce before the Hon’ble Trial Court having due regard to the concept of fair play and justice, well-being of the society. It is held that Criminal Appellate Courts under Section 391 of the Code of Criminal Procedure, 1973 and Civil Appellate Courts under Order 41 Rule 27 of the Civil Procedure Code, 1908 have powers to allow additional Evidence and Witness in the interest of justice.
4. Incidentally, Section 391 forms an exception to the general rule that an appeal must be decided on the evidence which was before the trial court and the powers being an exception shall always have to be exercised with caution and circumspection so as to meet the ends of justice. Be it noted further that the doctrine of finality of judicial proceedings does not stand annulled or affected in any way by reason of exercise of power under Section 391 since the same avoids a de novo trial. It is not to fill up the lacuna but to subserve the ends of justice. Needless to record that on an analysis of the Civil Procedure Code, Section 391 is thus akin to Order 41 Rule 27 of the Civil Procedure Code.
Drafted By Abhijit Mishra