9911796707
TMI Blog2001 (4) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... ake such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his pleader shall have the right to be present when the 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 an inquiry. A word of caution however, ought to be introduced for guidance, to wit: that this additional evidence cannot and ought not to be received in such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Civil Procedure Code, Section 391 is thus akin to Order 41 Rule 27 of the C.P.Code. On the factual backdrop of the matter in issue, it appears that against an order of acquittal for the offence punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, the High Court reversed the finding of acquittal and held the accused persons guilty for the offence for which they were charged and convicted them for the offence under Section 13 (2) of the Prevention of Corruption Act and sentenced the Appellant No.1 to suffer rigorous imprisonment for a period of two years and to pay a fine of ₹ 5,000/- and as against accused No.2, the imprisonment period was for one year together with a fine amount of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it available to the Court nor to fill up any gap in the prosecution case but to oversee that the concept of justice does not suffer. The High Court itself records to rectify the irregularity, the issue therefore, is whether this rectification by an additional evidence is a mere irregularity or goes to the root of the issue and instead of sub- serving the ends of justice, the same runs counter to the concept of justice. It is at this stage however, the entire factual set up ought to be adverted to. On 19-01-1989 one Mr. Hiwanje lodged a complaint of abuses and quarrel between Sangamlal and his wife. The Appellant No.1 being the Sub-Inspector called them to the Police Station on 23-1-1989 and on their reporting at about 9.30 a.m., Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was of total denial and according to him, it is by reason of annoyance and vendetta that has brought the complaint into light and has no factual support therefor. Incidentally, be it noted that P.W.7 Tijare, a neighbour of Sangam Lal (P.W.1) was throughout in the company of Sangamlal. Coming back to the defence once again, the Appellant No.2 also denied such an involvement and according to him, since the vehicle of one relation of P.W.7 Tijare was questioned on the road, P.W.7 has given false version against him. Records depict that learned Special Judge, however, recorded a finding of acquittal on the ground that the sanction as accorded is bad in law since the Commissioner of Police, though was the appointing authority but no evide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in their examination under Section 313 of the Code of Criminal Procedure and as such circumstances cannot be used against the accused. It is on this count, the High Court conducted additional examination of both the accused persons in the High Court so as to rectify the irregularity as cropped up and pointed out by the defence. Before the High Court strenuous submissions made pertaining to the effect of acceptance of uncorroborated testimony, and the High Court dealt with the issue in the manner following: 7. There cannot be any debate on a broad proposition. Judicial prudence ordinarily look for a corroboration from an independent witness, to the version of the complainant. Undisputedly the Panch does not render corroboration to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complainant in any manner was in need of the notes of smaller denominations. As such the entire claim as put forth by the accused No.2 is completely infirm. It goes to suggest that he took the mission of getting the notes changed as decided earlier. His defence that he happened to be in Shere Punjab Hotel and incidentally the complainant came there, is patently false. Taking into account the evidence of PW 1 Sangamlal, PW 3 Manapure, PW 4 Dongre, PW 5 Hadke, PW 6 Wadekar and PW 7 Tijare it is fully established that it is the accused No.2 who took the complainant for getting the notes exchanged. Even otherwise the defence has not seriously challenged the testimony of PW 4 Dongre, PW 5 Hadke and PW 6 Wadekar in this behalf. Mr. Verma, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
