STATE OF HARYANA Vs. SHAILESH GUPTA

JUDGEMENT

(1.) STATE has come in revision against the order dated 26.3.2008, whereby, the Appellate Court had dismissed the application moved by the State for permission to lead additional evidence. Learned State counsel has submitted that the application for permission to lead additional evidence was liable to be allowed as the witnesses, now sought to be examined by way of additional evidence, were very necessary for the just decision of the case. The material witnesses had been inadvertently given up by the public prosecutor during trial.

(2.) LEARNED counsel for the respondent, on the other hand, has submitted that the Appellate Court had rightly dismissed the application moved by the prosecution for permission to lead additional evidence as the said witnesses were given up by the public prosecutor during trial. Hence, the prosecution could not be allowed to fill up the lacuna in its case.

(3.) THUS , as per the above provision, Appellate Court can take further evidence in appeal if it thinks that the said additional evidence is necessary for the just decision of the case.