ganesh athraya 19 July 2022

Crl appeal

Hi Experts,

I was acquitted in a 354 case by the trail court.

Opposite party went to sessions court appealing the same.

She finished her arguments.

PP did no arguments - as he was a party in formality and state had not appealed.

After our Arguments, based on the trail court evidence and witnesses cross. where we brought out the gaps and presented it and closed our arguments.

the date is given for REPLY, now in the reply She want to introduce evidences that she did not provide in the trail courts, bring the New witnesses who were not a part of the trail court. also the gaps we brought out she want to fill it up.

is this possible and how to oppose.

Thanks for the advice and pointers.

Ganesh

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 20 July 2022

Even if APP did not move in appeal and argue on behalf of State, the State has to be a party to the appeal stated to have been filed by victim / complainant.

Appellant Court has no jurisdiction to take / add "fresh evidence".

If arguments have been complete in appeal, what is your doubt / query ?

What is the opinion and advise of your lawyer engaged / paid by you ?

G.L.N. Prasad (Retired employee.) 20 July 2022

It is the discretion of the Appellate court to admit/reject depending on such circumstances as the discovery of suppressed documents by the parties, new facts learned etc. Your advocate can lodge a protest against admission depending on merits.

ganesh athraya 20 July 2022

There is no new discovery,

1. She want to give couple of emails dated mar/apr 2017, as she had not given it in trail court.

2. The examined witnesses had failed to produce any document to prove that they were part of the resort where the said incident happened. so now she wants to provide the employement details/letter.

3. The child's sattement was not taken by the IO she want the same to be done Now.

the above three were gorunds out of many others, which she want to fill up now.

My advocate say, its not possible and That can't be done now
U need not bother about it. and She cannot use this section 391 to fill up lacunae in her case.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 453 of 2017

BUT I AM LITTLE WORRIED.