Published on: 12 August 2023 at 11:41 IST
Court: Supreme Court
Citation: State of Rajasthan V. Asharam (2023)
Honourable Supreme Court of India has held that that Section 391 of the Code of Criminal Procedure, 1973 provides for the Appellate Criminal Courts to take while dealing with an appeal to allow for the recording of additional evidence. It is held that the discretion of the Courts under Section 391 of the Code of Criminal Procedure, 1973 is restricted in comparison to Section 311 of the Code of Criminal Procedure, 1973.
16. Both Sections 311 and 391 of the Cr. P.C. relate to power of the court to take additional evidence; the former at the stage of trial and before the judgment is pronounced; and the latter at the appellate stage after judgment by the trial court has been pronounced. It may not be totally correct to state that the same considerations would apply to both situations as there is a difference in the stages.
Section 311 of the Cr. P.C. consists of two parts; the first gives power to the court to summon any witness at any stage of inquiry, trial or other proceedings, whether the person is listed as a witness, or is in attendance though not summoned as a witness. Secondly, the trial court has the power to recall and re-examine any person already examined if his evidence appears to be essential to the just decision of the case.
On the other hand, the discretion under Section 391 of the Cr. P.C. should be read as somewhat more restricted in comparison to Section 311 of the Cr. P.C., as the appellate court is dealing with an appeal, after the trial court has come to the conclusion with regard to the guilt or otherwise of the person being prosecuted. The appellate court can examine the evidence in depth and in detail, yet it does not possess all the powers of the trial court as it deals with cases wherein the decision has already been pronounced.
Drafted By Abhijit Mishra