In Brief
A retired Brigadier convicted of cheating under the IPC challenged the rejection of his applications to adduce additional evidence—specifically, a Trust Deed and Resolution authorising the sale of trust land. The Appellate Court and High Court had rejected these applications, deeming them belated and motivated by delay. The Supreme Court held that Appellate Courts have wide discretion under Section 391 Cr.P.C. to permit additional evidence when necessary for justice. Since the documents were foundational to understanding the accused's intent and had been successfully proved in a related case leading to his acquittal, denying their admission constituted a failure of justice. The Court set aside the lower orders and directed that the appellant be allowed to lead oral evidence to prove the Trust Deed, with the Appellate Court to decide the criminal appeal thereafter."
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