Case Note & Summary
The petitioner, Mrs. Shantal Nayak, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Sections 391 and 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging an order dated 22/08/2019 passed by the learned Sessions Judge, North Goa, Panaji. The Sessions Judge had dismissed the petitioner's application under Section 391 CrPC seeking leave to produce additional evidence in a criminal appeal filed by her. The petitioner wanted to produce documents from a connected criminal complaint between the same parties. The respondent, M/s. Wibro Construction Company, opposed the application. The learned Sessions Judge dismissed the application on the ground that the documents were not part of the trial record and the application was filed at a belated stage. The High Court heard arguments from both sides. The petitioner's counsel contended that the appellate court has wide discretion under Section 391 CrPC to admit additional evidence if it is necessary for a just decision. The respondent's counsel argued that the documents were not relevant and the application was filed late. The High Court analyzed the scope of Section 391 CrPC and held that the appellate court has wide discretion to admit additional evidence to arrive at a just and proper decision. The court noted that the mere fact that the documents were not part of the trial record or that the application was filed late does not justify rejection. The court must consider the relevance and necessity of the evidence. The High Court found that the Sessions Judge's order was perverse and arbitrary as it failed to consider the relevance of the documents and the need for a just decision. Accordingly, the High Court allowed the writ petition, set aside the impugned order, and directed the Sessions Judge to allow the petitioner to produce the additional documents and consider them in accordance with law.
Headnote
A) Criminal Procedure - Additional Evidence in Appeal - Section 391 CrPC - Appellate Court's Discretion - The petitioner sought to produce additional documents from a connected criminal complaint between the same parties. The Sessions Judge dismissed the application on the ground that the documents were not part of the trial record and the application was filed at a belated stage. The High Court held that the appellate court has wide discretion under Section 391 CrPC to admit additional evidence if it is necessary for a just decision, and the mere fact that the documents were not part of the trial record or that the application was filed late does not justify rejection. The court must consider the relevance and necessity of the evidence. (Paras 3-8) B) Criminal Procedure - Section 391 CrPC - Scope and Object - The object of Section 391 CrPC is to enable the appellate court to arrive at a just and proper decision by allowing additional evidence when necessary. The provision is not restricted by the stage of the appeal or the fact that the evidence was available earlier. The court should exercise its discretion liberally to prevent miscarriage of justice. (Paras 5-7) C) Criminal Procedure - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Sections 391 and 482 CrPC - The High Court can interfere with an order passed by the Sessions Judge under Section 391 CrPC if the order is perverse, arbitrary, or suffers from legal infirmity. In this case, the Sessions Judge's order was set aside as it failed to consider the relevance of the documents and the need for a just decision. (Paras 3, 8)
Issue of Consideration
Whether the learned Sessions Judge was justified in dismissing the petitioner's application under Section 391 CrPC seeking leave to produce additional evidence on record in a criminal appeal.
Final Decision
The High Court allowed the Criminal Writ Petition, set aside the impugned order dated 22/08/2019 passed by the learned Sessions Judge, North Goa, Panaji, and directed the Sessions Judge to allow the petitioner to produce the additional documents and consider them in accordance with law.
Law Points
- Section 391 CrPC
- Additional evidence in appeal
- Discretion of appellate court
- Just decision
- Relevance of evidence
- Delay not a bar
- Connected proceedings
