Section 428(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken by a or, when the Appellate Court is the High Court, by a Court of Session or a [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.].