https://www.taxtmi.com/caselaws?id=425556 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. en-us Fri, 15 Jul 2022 00:00:00 +0530 Tue, 26 Jul 2022 17:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=425556 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. Case-Laws Indian Laws Fri, 15 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=425556