Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Complainant seeking to produce additional evidence - Complainant had every opportunity to place such evidence before authorities during investigation as well as during trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused convicted on the basis of medical evidence - Accused will have the right to controvert and have the right to breach veracity of medical evidence which has been relied upon to order their conviction - It cannot be said that evidence ought to be brought on record is irrelevant -..........
Criminal Procedure Code, 1973, Section 391, 399, 401 -- Additional evidence at revisional stage - Once High Court is empowered to call additional evidence, while exercising its revisional power, Sessions Judge u/s 399(1) Cr.P.C by operation of law, is also empowered to call an additional evidence...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Six opportunities were given to petitioner for producing defence evidence - However, having failed to avail such opportunities, right of petitioner was closed - Application filed at the appellate stage after taking 26 adjournments - Highly belated application appears to be instrument to..........
Criminal Procedure Code, 1973, Section 367, 391 -- Scope of the Appellate Court - In a criminal appeal against conviction, the appellate court examines the evidence recorded by the trial court and takes a call upon the issue of guilt and innocence of the accused - Hence, the scope of the appellate court`s power does not go beyond the evidence available before it in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
