BRIG. SUKHJEET SINGH (RETD.) MVC versus THE STATE OF UTTAR PRADESH & ORS.

BRIG. SUKHJEET SINGH (RETD.) MVC versus THE STATE OF UTTAR PRADESH & ORS.

The Appellate Court erred in not exercising its jurisdiction under Section 391 Cr.P.C. to accept the Trust Deed and Resolution as additional evidence and permit the appellant to lead evidence; there was no justification for finding the application belated or malafide, and denial hindered the ends of justice.

Parties
Appellant: Brig. Sukhjeet Singh (Retd.) MVC; Respondents: The State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
25 January 2019
Procedural Posture
Criminal Appeal / Appeal Against Rejection of Applications Under Sections 391 and 482 Cr.p.c. by High Court
Outcome
Appeal allowed
Legal Topics
Additional Evidence at Appellate Stage, Cheating Under IPC, Trust Property Sale
Criminal Law Additional Evidence at Appellate Stage Cheating Under IPC Trust Property Sale

Case Brief

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Parties

Brig. Sukhjeet Singh (Retd.) MVC

Appellant

The State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Rejection of Applications Under Sections 391 and 482 Cr.p.c. by High Court

Legal Issues

  1. 1 Whether the Appellate Court erred in refusing to accept additional evidence under Section 391 Cr.P.C.
  2. 2 Whether the application for additional evidence was belated and malafide
  3. 3 Whether the accused has a right to lead additional evidence necessary for deciding the appeal

Ratio Decidendi

The Appellate Court erred in not exercising its jurisdiction under Section 391 Cr.P.C. to accept the Trust Deed and Resolution as additional evidence and permit the appellant to lead evidence; there was no justification for finding the application belated or malafide, and denial hindered the ends of justice.

Court Disposition

Appeal allowed

Orders

  • Order of Appellate Court dated 02.11.2015 and High Court dated 15.03.2016 set aside
  • Applications 14 Kha and 17 Kha under Section 391 Cr.P.C. allowed