Application U/s 391 CrPC Seeking To Adduce Additional Evidence Should Be Heard Immediately After It Is Filed: SC [Read Judgment]

The Supreme Court 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.

In this case, the High Court had disposed of an application filed under Section 391 CrPC by a murder accused in his appeal by observing that the Appellant is at liberty to submit an appropriate application at the time when the appeal is finally heard. It had 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 bench comprising Justices L. Nageswara Rao and Deepak Gupta 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 said:

"Section 391 of the Cr.P.C. does not impose any restriction as to when the application filed for adducing additional evidence should be heard by the High Court. In fact, we are of the opinion that it is desirable that an application filed under Section 391 should be heard immediately after it is filed without waiting for the appeal to be finally heard."

The bench set aside the High Court order and directed it to hear the application under Section 391 at the earliest. 

ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI vs. STATE OF GUJARAT
CRIMINAL APPEAL NO. 184  OF 2020 
Justices L. Nageswara Rao and Deepak Gupta
Counsel for Appellant:  Sr. Adv Vibha Datta Makhija 
Counsel for Respondent: Adv Aastha Mehta

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