Thursday, May 9, 2013
Landmark Guidelines set up by The Apex Court in respect of Production of Fresh Evidence in Defense after completeion of criminal trial
"Undoubtedly, an application filed under Section 311 Cr.P.C. must be allowed if fresh evidence is being produced to facilitate a just decision.Adducing evidence in support of the defense is a valuable right. Denial of such right would amount to the denial of a fair trial.the Trial Court reached the conclusion that the production of such evidence by the defense was not essential to facilitate a just decision of the case. Such an assumption is wholly misconceived, and is not tenable in law as the accused has every right to adduce evidence in rebuttal of the evidence brought on record by the prosecution. The court must examine whether such additional evidence is necessary to facilitate a just and proper decision of the case."The Hon'ble Supreme Court of India recently set up landmark guidelines in respect of production of fresh evidence in defense after completion of trial, while adjudicating CRIMINAL APPEAL NO.709 of 2013 moved by Natasha Singh and others against CBI. The Hon'ble Apex Court also observed further therein that"The scope and object of the provision is to enable the Court to determine the truth and to render a just decision after discovering all relevant facts and obtaining proper proof of such facts, to arrive at a just decision of the case. Power must be exercised judiciously and not capriciously or arbitrarily, as any improper or capricious exercise of such power may lead to undesirable results. An application under Section 311 Cr.P.C. must not be allowed only to fill up a lacuna in the case of the prosecution, or of the defense, or to the disadvantage of the accused, or to cause serious prejudice to the defense of the accused, or to give an unfair advantage to the opposite party. Further, the additional evidence must not be received as a disguise for retrial, or to change the nature of the case against either of the parties."
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