Ms. Urvashi Parashar vs State on 23 March, 2017
9. The Hon'ble High Court in a Judgment reported as
Pardeep @ Sonu Vs State (Govt. of NCT of Delhi, 2011 (2) JCC
1031 has held as under:
"The discretion vested in shape of
exception, therefore, has to be exercised in the
rarest of the rare cases and such exercise must
avoid arbitrariness and must be according to
UID No.54383/2016 Urvashi Parashar Vs State & Another 5 of 9
recognized cannons of criminal justice system.
The additional evidence can be permitted at
the instance of the prosecution as well as the
defence. It is a known celebrated principle of
law that discretion under this section should
not be exercised for the purpose of filling a gap
in the prosecution case when the necessary
evidence was available to the prosecution at
the hearing and ought to have been produced
then. Likewise, defence should not also be
permitted to tender such evidence when the
evidence in defence was available to the
defence at the hearing of trial and ought to
have been produced then".