Additional evidence in appeal is allowed only to prevent failure of justice, not to fill lacunae or delay proceedings.

Additional evidence at the appellate stage under Section 391 CrPC is a discretionary power to be used sparingly, only when the material is necessary for a proper decision and to prevent failure of justice. It cannot be used to fill lacunae, introduce evidence that was available but withheld at trial, or convert an appeal into a retrial. The documents sought were found to be irrelevant, unsupported, unnecessary in light of existing defence evidence and admissions, and the application was made belatedly without satisfactory explanation. The appellate court's view that the request was aimed at delaying disposal of the appeal was upheld, and refusal to admit the evidence was sustained.

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Issues: Whether the appellate court was justified in refusing to allow additional documentary evidence under Section 391 of the Code of Criminal Procedure, 1973 and whether the impugned order suffered from any legal infirmity warranting interference.

Analysis: The power to receive additional evidence at the appellate stage is discretionary and is to be exercised sparingly only where the evidence is necessary for a proper decision and where refusal would result in failure of justice. It is not meant to permit a party to fill lacunae, introduce evidence long available but withheld at trial, or convert the appeal into a retrial. The documents sought to be produced were found to be either irrelevant, unsupported, or unnecessary in view of the existing defence evidence and the admissions already on record. No satisfactory reason was shown for non-production at the trial stage, and the application was moved at a belated stage. The appellate court's reasoning that the application was intended to delay disposal of the appeal was upheld.

Conclusion: The refusal to admit additional evidence was upheld and no interference with the impugned order was called for.

Ratio Decidendi: Additional evidence in appeal under Section 391 of the Code of Criminal Procedure, 1973 can be admitted only when it is necessary to prevent failure of justice, and not where the application is belated, irrelevant, or designed to fill lacunae or delay the proceedings.

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