https://www.taxtmi.com/caselaws?id=169373 In an appeal under the Code of Criminal Procedure, the appellate court may admit additional evidence in an appeal against acquittal or conviction when it is necessary to prevent failure of justice. The power is discretionary and must be used sparingly, guided by fair play and the exigencies of the case, and it cannot be used as a substitute for retrial or to fill gaps in the prosecution case. On the facts described, the High Court was justified in receiving account books to test whether the relevant money had been deposited with the cashier, and the conviction based on that evidence was sustained. en-us Thu, 06 May 1965 00:00:00 +0530 Fri, 17 Apr 2015 12:38:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169373 In an appeal under the Code of Criminal Procedure, the appellate court may admit additional evidence in an appeal against acquittal or conviction when it is necessary to prevent failure of justice. The power is discretionary and must be used sparingly, guided by fair play and the exigencies of the case, and it cannot be used as a substitute for retrial or to fill gaps in the prosecution case. On the facts described, the High Court was justified in receiving account books to test whether the relevant money had been deposited with the cashier, and the conviction based on that evidence was sustained. Case-Laws Indian Laws Thu, 06 May 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169373