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2022 (1) TMI 1268 - RAJASTHAN HIGH COURTProduction of additional evidence - Summoning Shri Lamba as a court witness and to record his evidence in this appeal is based on certain excerpts of the book "GUNNING FOR THE GODMAN, THE TRUE STORY BEHIND ASARAM BAPU'S CONVICTION" - HELD THAT:- Law is well settled by a catena of Supreme Court Judgments that power of recording additional evidence during the course of trial by virtue of Section 311 Cr.P.C. and at the appellate stage by virtue of Section 391 Cr.P.C., is to be exercised sparingly and should be resorted to only if recording of such evidence is considered essential for the just decision of the case. Now, the cat is out of the bag and the book has been published wherein, Shri Lamba, who was posted as DCP (West), Jodhpur at the relevant point of time, has emphatically written his memoirs and mentions that he visited the crime scene on 21.08.2013 and recorded a video thereof with his mobile phone so that it could be used for future references. He also emphasised on the need to protect the crime scene for future references and investigational purposes. The video would definitely be a valuable piece of evidence because it was recorded during first visit by a police officer to the crime scene. Shri Lamba was not examined in evidence at the trial. Now with the publication of the book, referred to supra, the defence has right to claim that video of the crime scene was unquestionably recorded which fact is sufficient to convince the Court that it is absolutely essential in the interest of justice and for a just decision of the case to exercise the power under Section 391 Cr.P.C. for summoning and examining Shri Ajay Pal Lamba as a court witness in this case while giving access of cross-examination to the defence as well as the prosecution. Accordingly, it is directed that the witness Shri Ajay Pal Lamba, the then DCP (West), Jodhpur shall be summoned in this Court for recording his evidence as a court witness at the appellate stage for the limited purpose of extracting the truth about the video recorded, with the book published at his behest with the title GUNNING FOR THE GODMAN, THE TRUE STORY BEHIND ASARAM BAPU'S CONVICTION" - Application allowed.
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