Section 391 Cr.P.C. Scope of Appellate Court's Power Discussed – Relevance of Additional Evidence to Determine Culpability of Accused – High Court Directed Appellate Court to Receive Additional Evidence.
Gist: The Madurai Bench of the Madras High Court held that the power under Section 391 Cr.P.C. to receive additional evidence at the appellate stage is intended to prevent failure of justice and must be exercised whenever such evidence is necessary for a just decision of the case. Observing that departmental records may possess evidentiary value in determining the role and culpability of the accused, the Court set aside the order of the appellate Court rejecting the petition under Section 391 Cr.P.C. and directed the appellate Court to receive the additional evidence and dispose of the appeal in accordance with law.