Section 391 in The Code of Criminal Procedure, 1973
391. Appellate Court may take further evidence or direct it to be taken.
(1) In dealing ... additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were
application filed by the appellant
under Section 391 Cr.P.C. before the Session Judge in
the criminal appeal filed by him against the
conviction ... under Section 482 Cr.P.C. as to secure the ends of
justice?
17
12. Chapter XXIX of the Code of Criminal Procedure ,
1973 deals
petitioner/accused under Sections
391 and 311 of the Code of Criminal Procedure (in short ' Cr.P.C .')
praying for leading additional defence ... power under Section 482 Cr.P.C. as to secure
the ends of justice?
12. Chapter XXIX of the Code of Criminal
Procedure , 1973 deals with
further observed that Section 391
Cr.P.C. is in the nature of exception to Section 386 Cr.P.C. and the necessity
for additional ... that Section 391(1) Cr.P.C. empowers
the Appellate Court, dealing with any appeal under Chapter XXIX of Cr.P.C .
either to take
appellate stage in a criminal case is regulated by the provisions of
Section 311 Cr.P.C and Section 391 Cr.P.C. respectively. Since ... view, has not examined the provisions of Section 311
Cr.P.C. and Section 391 Cr.P.C. in regard to the considerations that
filed by her
client under Section 391 Cr.P.C.
This Court finds merit in this submission.
Section 391 Cr.P.C. authorizes an appellate ... application filed under Section 391 Cr.P.C. was practically an
application under Section 311 Cr.P.C. and that it amounted to an abuse
revision petition under Section 397 read with Section 482
of the Code of Criminal Procedure (hereinafter referred to
as the ' Cr ... Surjeet Singh.
.
40. The provisions of Section 391 Cr.P.C., are
reproduced, as under:
"391. Appellate Court may take further
evidence or direct
further observed that
Section 391 Cr.P.C. is in the nature of exception to Section 386 Cr.P.C. and
the necessity for additional ... that Section 391(1) Cr.P.C. empowers
the Appellate Court, dealing with any appeal under Chapter XXIX of Cr.P.C .
either to take
further observed that
.
Section 391 Cr.P.C. is in the nature of exception to Section 386 Cr.P.C. and
the necessity for additional ... that Section 391(1) Cr.P.C. empowers
the Appellate Court, dealing with any appeal under Chapter XXIX of Cr.P.C.
.
either to take
investigating
authority; provision of Section 391 Cr.P.C. cannot be used as a tool
Crl. Rev. P. 56/2007 Page ... object of Section 391
Cr.P.C. is the prevention of guilty man's escape through some
Crl. Rev. P. 56/2007 Page
