https://www.taxtmi.com/caselaws?id=423740 Section 391 CrPC permits additional evidence on appeal only in exceptional cases where the court finds it necessary for a just decision. The power is controlled and cannot be used to fill gaps in the defence or reopen issues already decided at trial. A photostat copy of a cheque was sought as secondary evidence after claimed late discovery nearly nine years later, but the explanation was found unconvincing and the copy was considered vulnerable to manipulation. As the proposed evidence would revive the disputed cheque date, already examined through expert evidence, the request for additional evidence was rejected and the appellate court's discretion was upheld. en-us Mon, 06 Jun 2022 00:00:00 +0530 Mon, 13 Jun 2022 12:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=423740 Section 391 CrPC permits additional evidence on appeal only in exceptional cases where the court finds it necessary for a just decision. The power is controlled and cannot be used to fill gaps in the defence or reopen issues already decided at trial. A photostat copy of a cheque was sought as secondary evidence after claimed late discovery nearly nine years later, but the explanation was found unconvincing and the copy was considered vulnerable to manipulation. As the proposed evidence would revive the disputed cheque date, already examined through expert evidence, the request for additional evidence was rejected and the appellate court's discretion was upheld. Case-Laws Indian Laws Mon, 06 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=423740