Appellate Courts Can Allow Additional Evidence U/S 391 CrPC Only In “Exceptional Circumstances”: Jharkhand High Court
[19 July 2022] The Jharkhand High Court has held that Appellate Courts can allow additional evidence under Section 391 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) only in “exceptional circumstances” and the same cannot be used merely to fill in lacuna that might exist in the evidence.
While upholding the order of the Lower Appellate Court, a Single Judge Bench of Justice Sanjay Kumar Dwivedi observed,
“It is settled proposition of law that for filling in lacuna, the petitions under Sections 311 and 391 Cr.P.C. and Section 165 of the Evidence Act are not being allowed. Only in the exceptional circumstance, at the appellate stage, the court can allow the additional evidence in terms of Section 391 Cr.P.C.”