Topic
Bombay HC quashes Sessions Court order denying evidence recording of a mentally ill accused under Section 391 CrPC. The ruling clarifies that appellate courts must consider medical evidence of mental illness when evaluating appeals, ensuring fair trial standards for vulnerable accused.
Madhya Pradesh High Court dismisses an appeal seeking additional evidence under Section 391 CrPC, ruling that the appellant failed to demonstrate due diligence in presenting mobile recordings during trial. The court held that belated claims of a 'love story' with the prosecutrix do not justify admitting evidence at the appellate stage, reinforcing that Section 391 is not a tool for remedying procedural lapses.
The Madhya Pradesh High Court ruled that an accused can rebut the presumption of financial capacity under Section 138 of the Negotiable Instruments Act only if the challenge is raised in the statutory notice or during trial. Documentary evidence, such as bank statements, will be admissible solely if this procedural requirement is met, impacting defence strategies in cheque bounce cases.
Bombay High Court holds that appellate courts may exercise powers under Section 391 CrPC to admit certified documents as additional evidence even without a formal prayer, if necessary for justice.