Case Note & Summary
The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which had dismissed his application under Section 482 CrPC challenging the rejection of his applications under Section 391 CrPC by the Sessions Judge. The case originated from a criminal complaint alleging cheating and criminal breach of trust in relation to the sale of trust land. The appellant, a retired Brigadier and Maha Vir Chakra awardee, was a trustee of the Scinde Horse Regimental Welfare Trust. The complainant alleged that he paid earnest money for purchase of trust land but the sale was not executed. The appellant was convicted under Section 420 read with Section 34 IPC by the trial court. During the appeal before the Sessions Judge, the appellant filed applications under Section 391 CrPC to place on record the Trust Deed dated 18.10.1989 and Resolution No.112, which authorized the trustees to sell the land. These documents were already on the trial court record as photocopies but were not formally proved. The Sessions Judge rejected the applications citing delay and lack of sufficient cause. The High Court upheld this rejection, observing that the applications were filed with ulterior motive to delay the appeal. The Supreme Court, however, found that the documents were crucial for the appellant's defence as they demonstrated the trustees' authority to sell the land, negating the element of dishonest intention essential for the offence of cheating. The Court noted that the same documents were proved in a connected case and that the appellant had explained the failure to prove them earlier as a lapse on his part and his counsel. The Supreme Court held that the appellate court has wide discretion under Section 391 CrPC to take additional evidence if it is necessary for a just decision, and the rejection of the applications was erroneous. The Court set aside the orders of the High Court and the Sessions Judge and directed the Sessions Judge to allow the applications and take the additional evidence on record, thereafter deciding the appeal afresh. The appeal was allowed accordingly.
Headnote
A) Criminal Procedure Code - Section 391 CrPC - Additional Evidence in Appeal - Power of Appellate Court - The appellate court has wide discretion to take additional evidence if it is necessary for a just decision of the case. The court must consider whether the evidence is relevant and could not be produced earlier despite due diligence. In the present case, the Trust Deed dated 18.10.1989 and Resolution No.112 were crucial to show the authority of the trustees to sell the land, and their non-consideration could lead to miscarriage of justice. (Paras 5-10) B) Criminal Procedure Code - Section 391 CrPC - Delay in Filing Application - The mere fact that the application was filed at a belated stage does not automatically warrant rejection if the evidence is essential for the just decision of the case. The appellate court must examine the reasons for the delay and the relevance of the evidence. Here, the appellant explained that the documents were already on record but not proved due to oversight, and the same documents were proved in a connected case. (Paras 6-9) C) Criminal Procedure Code - Section 391 CrPC - Scope of Appellate Court - The appellate court is not bound to reject an application for additional evidence merely because the trial court had ample opportunity to produce it. The paramount consideration is the interest of justice. The High Court erred in dismissing the application under Section 482 CrPC without properly appreciating the importance of the documents. (Paras 7-10)
Issue of Consideration
Whether the appellate court and the High Court erred in rejecting the applications under Section 391 CrPC for taking additional evidence (Trust Deed and Resolution) on record, and whether such rejection caused prejudice to the appellant.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court and the Sessions Judge, and directed the Sessions Judge to allow the applications under Section 391 CrPC, take the additional evidence on record, and decide the appeal afresh.
Law Points
- Section 391 CrPC
- Additional evidence in appeal
- Power of appellate court to take additional evidence
- Criminal Procedure Code
- 1973
