Additional evidence under Section 391 CrPC may be admitted where foundational defence documents are needed to prevent failure of justice.

Section 391 CrPC gives the appellate court wide discretion to take additional evidence where it is necessary to decide the appeal and to prevent failure of justice. The text explains that certified copies of a trust deed and resolution were foundational to the accused's defence, had already surfaced in the trial record, and were sought immediately after conviction in the pending appeal. Refusal on grounds of delay and alleged mala fides was described as unsustainable because the documents went to the basis of the prosecution case and the appellate court could secure the ends of justice by admitting them.

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Issues: Whether the appellate court erred in refusing to take additional evidence under Section 391 of the Code of Criminal Procedure, 1973 by declining to accept the certified copy of the trust deed and resolution and by refusing permission to prove them through oral evidence.

Analysis: Section 391 confers a wide discretion on the appellate court to take further evidence where it is necessary for deciding the appeal and where denial of such evidence would occasion failure of justice. The disputed trust deed and resolution were foundational documents bearing on the accused's defence and had already been referred to in the trial record. The prosecution and defence had lengthy proceedings, and the application for additional evidence was made immediately after conviction in the pending appeal. Refusal on the grounds of delay and alleged mala fides was held to be unsustainable, particularly when the documents were relevant to the very basis of the prosecution case and the appellate court had the power to secure the ends of justice.

Conclusion: The refusal to receive additional evidence was and the appellate court ought to have allowed the applications under Section 391.

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