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1 - 3 of 3 (0.18 seconds)Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
Ashok Tshering Bhutia vs State Of Sikkim on 25 February, 2011
The moot question therefore is that if the person has already
been granted an opportunity under Section 311 to bring on record certain
evidence then can such a person after availing the opportunity invoke the
power under Section 391 Cr.P.C to produce on record the very same
Crl. Misc. No. M-29225 of 2011 (O&M) 4
evidence regarding which an opportunity had already been given to him
while exercising power under Section 311 Cr.P.C. It is not the case of the
petitioner that some other evidence is required to be produced. What he
wishes to prove is the statement of accounts regarding which he was given
an opportunity under Section 311 Cr.P.C and at that time he merely
produced on record a photocopy of the same without proving it in
accordance with law. The exercise of power under Section 391 Cr.P.C in
the given set of circumstances would thus be a sheer abuse as after having
availed an opportunity to adduce the evidence and upon failure to do so, a
right accrues to the respondent as well and the petitioner cannot be
permitted to fill up the lacuna left in his case by now invoking the powers
under Section 391 Cr.P.C. The Trial Court was thus right in declining the
prayer. The Hon'ble Supreme Court in case titled as Ashok Tshering
Bhutia Vs. State of Sikkim reported as 2011 (2) RCR (Crl.) 99 observed as
under:-
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