Appellate additional evidence under CrPC can be allowed sparingly when needed to test truth and secure justice.

Section 391 CrPC permits additional evidence at the appellate stage only sparingly, where it is essential for a just decision. On the facts noted, the later disclosure that a video of the crime scene had been recorded meant the request to summon the then DCP (West), Jodhpur, as a court witness could not be rejected as merely speculative. As the witness who recorded the video was relevant to test the defence plea about familiarity with the scene and to assess the truth of that plea, appellate evidence was considered necessary in the interests of justice. The request for additional evidence was allowed and the witness was directed to be summoned.

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Issues: Whether additional evidence could be permitted at the appellate stage by summoning the then DCP (West), Jodhpur as a court witness for examination and cross-examination.

Analysis: The power under Section 391 of the Code of Criminal Procedure, 1973 is to be exercised sparingly and only where additional evidence is essential for the just decision of the case. The material placed on record, including the later disclosure that a video of the crime scene had been recorded, made it premature to reject the request as speculative. In the interests of justice and for testing the truth of the defence plea regarding familiarity with the scene, the witness who recorded the video became relevant for appellate evidence.

Conclusion: The request for additional evidence was allowed and the witness was directed to be summoned as a court witness at the appellate stage.

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