In Brief
A retired Indian Army Brigadier was convicted of cheating in a land-sale case involving trust property. The Trust Deed authorising the sale and Resolution approving the trustees' authority to sell were on the trial court's file but were never formally proved as evidence. On appeal, the Sessions Court and High Court rejected his applications to submit this crucial evidence. The Supreme Court held that appellate courts have wide, unfettered power under Section 391 Cr.P.C. to admit additional evidence if necessary to prevent failure of justice. Since the Trust Deed was foundational to proving the appellant's authority and lack of criminal intent, the Court allowed the appeal, set aside the lower orders, and directed the Appellate Court to receive the evidence and decide the criminal appeal expeditiously.
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