evidence and additional evidence, pt.. u/s.311 and 391

Querist : Anonymous (Querist) 26 June 2010 This query is : Resolved
In 138 cases no defence evidence and documents marked in the trial by the accused's counsel and after the completion of trial can we mark documents and evidence in appellate court. if it is any judgments available.

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adv. rajeev ( rajoo ) (Expert) 27 June 2010
Production of documents in the appeal court amounts to additional evidence, it can be done I had done it, but rulings sorry. Lets us wait for the learned members answers along with rulings.

Arun Kumar Bhagat (Expert) 27 June 2010
You have to get the order for de-novo trial from the appellate Court but the appellate court can not allow this for filling up the lacuna of the prosecution case. ---AIR 1978 SC 59, 1978 Cr.L.J 177 (1977)4 SCC 420. By- Arun Kumar Bhagat, Criminal Advocate.

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