https://www.taxtmi.com/caselaws?id=197812 Section 391 of the Code of Criminal Procedure permits additional evidence in appeal only as an exceptional measure when the court is satisfied it is necessary and records reasons for that satisfaction. The power cannot be used to fill gaps in the case and must be exercised with caution, circumspection and judicial discretion to advance the ends of justice. An order directing summoning of witnesses or records without cogent reasons shows non-application of mind and is legally unsustainable; the appellate order was annulled and the matter remitted for fresh consideration on additional evidence. en-us Mon, 13 Apr 2009 00:00:00 +0530 Tue, 16 Jan 2018 15:41:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197812 Section 391 of the Code of Criminal Procedure permits additional evidence in appeal only as an exceptional measure when the court is satisfied it is necessary and records reasons for that satisfaction. The power cannot be used to fill gaps in the case and must be exercised with caution, circumspection and judicial discretion to advance the ends of justice. An order directing summoning of witnesses or records without cogent reasons shows non-application of mind and is legally unsustainable; the appellate order was annulled and the matter remitted for fresh consideration on additional evidence. Case-Laws Indian Laws Mon, 13 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197812