The Supreme Court of India, last week has observed that an application filed under Section 391 of the Code of Criminal Procedure seeking to adduce additional evidence should be heard immediately after it is filed without waiting for the appeal to be finally heard.
The judgement has been delivered in a case titled as ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI vs. STATE OF GUJARAT
CASE DETAILS
In the present case, the High Court had disposed of an application filed under Section 391 of the Code of Criminal Procedure by a murder accused by observing that the Appellant is at liberty to submit an appropriate application at the time when the appeal is finally heard.
The Top Court in doing so relied upon a Supreme Court judgment in Union of India versus Ibrahim Uddin 2012 (8) SCC 148 to hold that the application for taking additional evidence on record should be heard at the time of final hearing of the appeal. The said judgment pertains to an application filed under Order XLI Rule 27 of the Code of Civil Procedure for adducing additional evidence.
The Apex Court noted that, in the instant case, the application is filed under Section 391 Cr.P.C., which empowers the Appellate Court to either take evidence by itself or direct the evidence to be taken by a Magistrate or a Court of Session, if it is satisfied that the additional evidence is necessary, after recording reasons.
The Court In this regard remarked:
The bench comprising of Justice L. Nageswara Rao and Justice Deepak Gupta thus upholding the above set aside the High Court order and directed it to hear the application under Section 391 as soon as possible.
The order was passed on 28-01-2020.
Read Order Here:
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