STATE OF HIMACHAL PRADESH Vs. DES RAJ

JUDGEMENT

(1.) THIS appeal was taken up for consideration today. The State urged that Cr.M.P. (M) No. 771 of 2012, under Section 391 of the Code of Criminal Procedure, for permission to lead additional evidence to prove the birth certificate of the prosecutrix appended with the application issued by the Chief Medical Officer, Chamba, be allowed to be proved in evidence. Reply to this application is filed which is resisted on the ground that the prosecution seeks to fill in lacunae in the evidence which was otherwise available to it before the learned trial Court.

(2.) WE have heard learned Counsel for the parties at length and have gone through the record.

(3.) WE are aware about the limitations and constraints placed on the powers of this Court on remand in criminal law as also the proposition of law that additional evidence in appeal cannot be allowed to be recorded at the whim of the prosecution in order to enable it to fill lacunae, more especially, when the accused has been acquitted by learned trial Court.