Additional evidence on appeal is exceptional and cannot be used to fill gaps or delay proceedings without necessity.

Additional evidence at the appellate stage is an exceptional power under Section 391 CrPC, to be used sparingly only where it is necessary to prevent failure of justice or to enable a correct finding. It cannot be invoked to fill lacunae, reopen a matter after unexplained delay, or prolong proceedings. On the stated facts, the belated request for handwriting expert evidence lacked a substantial basis, the earlier refusal had not been challenged, and the material was not shown to be indispensable for deciding the appeal. The refusal to permit additional evidence was therefore justified, and no interference in supervisory jurisdiction was warranted.

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Issues: Whether the appellate court's refusal to allow additional evidence under Section 391 of the Code of Criminal Procedure, 1973, called for interference in the petition under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: Additional evidence at the appellate stage is permissible only in exceptional cases where it is necessary to prevent failure of justice or to enable the appellate court to reach a correct finding. The power is discretionary, to be exercised sparingly and with circumspection, and cannot be used to fill gaps in the case or to reopen a matter after unexplained delay. Here, the request for handwriting expert evidence came at a belated stage, the earlier order refusing such exercise had not been challenged, and no substantial basis was shown to indicate that the evidence was indispensable for deciding the appeal. The circumstances supported the view that the application was intended to prolong the appeal rather than to cure any genuine defect essential for adjudication.

Conclusion: The refusal to permit additional evidence under Section 391 was justified, and no ground for interference in supervisory jurisdiction was made out.

Ratio Decidendi: Power to take additional evidence at the appellate stage is an exception, exercisable only when the evidence is necessary to prevent failure of justice or to enable a correct decision, and it cannot be invoked to fill a lacuna or delay the proceedings.

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